§ 1.0. Applications for variances.

1.1 Application Forms. To request a variance, an applicant must submit completed application forms, accompanied by a check or money order in the amount of the applicable fee, to the Board’s office. Application forms are available at the Board’s office.

Applications may be filed any weekday during regular office hours.

Applications must contain the information required by section 7.3.2.B of the Zoning Ordinance. For further pre-hearing filing requirements see below.

1.2 Requirements for Variances. An application for a variance must include the information required by section 7.3.2.B of the Zoning Ordinance and a short statement by the applicant with the reasons for the request. The information required by section 7.3.2.B must be filed at least 30 days before the hearing date.

An application for a variance is not considered filed until all forms are correctly completed, all required supporting material is submitted and the fee is paid.

1.3 Amendments to Applications. See section 7.3.2.D.4 of the Zoning Ordinance.

1.4 Filing Fees. Filing fees are adopted by the County Council. Fee schedules are available at the Board office; the fee for a specific case can be obtained by telephone.

1.5 Refund of Fees. On written request, the Board may refund filing fees:

a. if an application is withdrawn within 48 hours after it is filed or before public notice is issued (90% refunded);

b. if an application is withdrawn before a public hearing (50% refunded); or

c. if an action of the County Executive, County Council or an administrative board or agency resolves or moots the issues pending before the Board, whether or not the Board has held a public hearing (all or a portion refunded).

1.6 Consolidation of Cases.

a. If an applicant files more than one variance or administrative appeal involving the same property, the Board may, on written request, grant:

1. consolidation of cases; and

2. payment of only the highest applicable fee.

b. If an applicant files a variance application involving property for which the applicant has also filed a conditional use application with the Hearing Examiner, the Board may, on written request:

1. refer the variance(s) to the Hearing Examiner in accordance with Section 7.6.2.B.2 to conduct a hearing and write a report and recommendation; and

2. waive the variance fee.

1.7 Notice Requirements. At the time of filing the applicant must furnish the Board with a list of persons entitled to notice as specified in sections 7.3.2.B and 7.5.2.E of the Zoning Ordinance.

If an adjacent or contiguous property is a condominium or co-op the following information is required:

a. the mailing address of the governing body of the condominium or co-op;

b. the name and address of the developer of the condominium or co-op if one is still involved in the project.

1.8 Sign Requirements. Signs must be posted by the applicant according to the requirements of section 7.5.2.C of the Zoning Ordinance.

Signs are available at the office of the Board of Appeals. The deposit specified in the fee schedule is required.

At the time of the hearing, the applicant must sign an affidavit that the sign was properly posted. The affidavit will be furnished by the Board office.

In uncontested cases, an applicant may remove the sign on receipt of the written opinion.

If the case was opposed - either through letters or personal appearance - the sign must remain posted for 30 days following receipt of the written opinion.

If there is a request for reconsideration or rehearing, the sign must remain posted for 30 days after the Board issues a final opinion.

The applicant must return the sign to the Board’s office to receive a partial refund of the deposit.

If the sign is not returned within 21 days after the date on which applicant was permitted to remove it, the refund is forfeited.