§ 27-239.04. Procedures.

(a)

Applicants for a zoning case, site plan, or other request that requires a Variance, shall submit a written request with the Planning Board or the Board of Zoning Appeals, as appropriate.

(b)

The Planning Board or the Board of Zoning Appeals, as appropriate, shall determine the contents of the application form.

(c)

A single application may be filed for more than one (1) Variance request on the subject property.

(d)

An evidentiary hearing shall be held on each request for a variance at the same time as the hearing for the zoning case, site plan, or other request.

(e)

Notice of the Variance hearing shall be provided in the same manner and in conjunction with the notice requirements for the zoning case, site plan or other request.

(f)

For properties within the Critical Area, the Chesapeake and Coastal Bay Critical Area Commission recommendations must be made part of the record prior to, or as part of, the Planning Board public hearing on the application requiring a variance. Within 10 working days after a written decision regarding a variance application is issued, the Chesapeake and Coast Bay Critical Area Commission shall be sent a copy of the final decision. A permit may not be issued for an activity that was the subject of a variance approval until 30 days after the final decision on the application by the Planning Board in order to allow the Chesapeake and Coastal Bay Critical Area Commission an opportunity to appeal.

(CB-94-1994; CB-11-1998; CB-41-2002; CB-76-2010; CB-64-2014)