Variance Process

A variance is a modification of specific requirements contained in the Anne Arundel County Zoning Ordinance relating to the location and/or size of a structure or use.

1. Two (2) pink application forms, fully completed and signed with original signatures of both the applicant and all property owners of the subject property. A printed name, address, home and work telephone numbers for both the applicant and the owner must be included with the application. An applicant must have a financial, contractual or proprietary interest in the subject property.
2. Twelve (12) copies of a letter of explanation outlining the applicant’s request and specifics of the proposed request, including the existing and proposed square footage and the height of all structures. This letter should also include the justification for the variance request and highlight any unique characteristics of the subject property, including lot size, shape, topography, and information about the surrounding neighborhood.  If the structure is already built, please provide information as to when it was constructed in the letter.
3. Twelve (12) copies of an administrative site plan as set forth in Article 18-16-201(b) at a scale no smaller than 1"= 40' showing the property in question.  Site plans larger than nine (9) inches by fifteen (15) inches must be folded.
4. A copy of the latest deed for the property must be provided. The deed is required to confirm the current ownership of the subject property. If the deed does not contain a metes and bounds description, then the applicant must provide a copy of the recorded subdivision plat or a signed and sealed survey of the property.
5. The names and mailing addresses of all property owners within 175 feet of the subject property lines in all directions, including across a road. This measurement includes all improved and unimproved property. This information must be listed on a separate sheet and not on the administrative site plan.
6. A copy of the pre-file information form that is provided at the above-mentioned pre-file meeting.
7. A filing fee of $180.00 for an application for a single-family detached dwelling or an accessory structure for a single-family detached dwelling and $480.00 for any other use plus an additional fee of $35.00 for each sign that must be posted on the property. For sites with frontage on more than one road or on the water, additional signs are required for each road frontage and the waterfront. All checks must be made payable to Anne Arundel County.
8. If the property is in the Chesapeake Bay Critical Area (generally 1,000 feet from all tidal waters), then five (5) copies of the complete Critical Area Report and Plan, five (5) completed Notification of Project Application Form and one (1) copy of the 1"=200' scale topography must be submitted.

It is the responsibility of the applicant to post the required sign(s) on the property for which a variance is being requested. The sign(s) is provided to the applicant by the Research & GIS Division (4th Floor) of the Office of Planning and Zoning. It must be posted on the property a minimum of fourteen (14) days prior to the date of the hearing.

All property in Anne Arundel County within 1,000 feet of tidal waters is located in an area known as the Chesapeake Bay Critical Area. An applicant for a variance within this area must submit a Critical Area Report with the variance application. This report contains written findings addressing the impact of the proposed construction on the property and the measures that will be taken to lessen or eliminate these impacts. It is important to note that the Office of Planning and Zoning will not accept an application for a variance in the Critical Area without a complete Critical Area Report.

An applicant who knows or believes his property is located within the Chesapeake Bay Critical Area should contact the Zoning Division of the Office of Planning and Zoning at (410) 222-7437 for guidance in determining their Critical Area Classification and/or completing the Critical Area Report.

Once an application for a Variance has been accepted by the Zoning Division of the Office of Planning and Zoning, a case number is assigned to the application. It is then transmitted to the following agencies for their review and comments: Health Department, Office of the Fire Marshall, Department of Public Works, Soil Conservation District, Recreation and Parks, State Highway Administration, Public Schools, Department of Natural Resources and, if applicable the Chesapeake Bay Critical Area Commission. It is also reviewed by the Environmental, Traffic and Utilities sections of the Office of Planning and Zoning.

Several weeks are allotted for the agencies to review the application and provide written comments to the Office of Planning and Zoning. The Zoning Division of the Office of Planning and Zoning will then review the application and the agencies comments in formulating its Findings and Recommendations.

The Administrative Hearings Schedule are assigned by the Office of Administrative Hearings and are scheduled in chronological order as the applications are received by them. Applicants for a variance should generally allow a minimum of twelve to fourteen weeks from the date the application is accepted by the Zoning Division of the Office of Planning and Zoning to the date of the public hearing.

It is the responsibility of the applicant to post the required sign(s) on the property for which a variance is being requested. The sign(s) is provided to the applicant by the Map Information Section of the Office of Planning and Zoning and must be posted on the property a minimum of fourteen (14) days prior to the date of the hearing. It is the applicant's responsibility to pick up the sign and to make sure it is posted for the required time. Signs are to be posted no more than 10 feet from the boundary of the property where it abuts a public street or a body of water. After receiving confirmation of a hearing date from the Office of Administrative Hearings, the applicant should contact the Map Information Section of the Office of Planning and Zoning at (410) 222-7463 to inquire as to when the sign will be completed and ready for pickup. At the Zoning Hearing the applicant must present evidence to the Administrative Hearing Officer that the sign was posted in accordance with the above requirements. (Additional Information concerning Public Notice Signs)

The Office of Administrative Hearings will mail a written notice of the date and time of the hearing to all property owners within 175 feet of the property which is the subject of the variance.

A withdrawal of a variance application will result in denial of the request by the Administrative Hearing Officer.

An application for a variance which has been denied by the Administrative Hearing Officer cannot be reconsidered within 18 months of the date of final action by the Administrative Hearing Office, the County Board of Appeals or a Court, whichever action is the latest.

After the hearing date has been set a hearing may not be postponed unless a written request specifying compelling circumstances is received in the Office of Administrative Hearings no later than ten (10) days prior to the hearing.

If a postponement is granted and the delay was not caused by the County or by an error, the applicant shall be required to pay all costs incurred by virtue of the requested postponement. This shall include, but not be limited to all re-advertising costs and the Temporary Hearing Officer fee, if any. Note: A case will not be rescheduled until said fees have been received by the Office of Administrative Hearings.

The Zoning Hearing is a public hearing presided over by the Administrative Hearing Officer and attended by a representative of the Office of Planning and Zoning, the applicant and any other persons interested in the case (e.g. neighbors, community associations, etc.).

The hearing is conducted in the following order: the Office of Planning and Zoning presents its findings and recommendations, the applicant presents testimony as to why the variance should be granted, and any persons opposing or supporting the applicant's request will then present their views. The applicant may call witnesses to testify at the hearing.

Any person testifying at the hearing does so under oath and may be cross-examined by the representative of the Office of Planning and Zoning, the applicant or any persons opposing or supporting the request.

Representation at the Hearing

An individual may appear on his or her own behalf. A member of a partnership may represent the partnership. A bona fide officer of a corporation, trust or association may represent the corporation, trust or association. An officer or employee of a municipal corporation, political subdivision, body or department may represent the municipal corporation, political subdivision, body or department.

A representative of a community or civic association may testify or represent the association provided:

1. The association by resolution gives authority to the individual
2. The resolution specifies the views of the association and the name of the representative

Forms of resolution for the above may be obtained from the Office of Administrative Hearings.

A person may be represented by an Attorney at Law admitted to practice before the Court of Appeals of Maryland.  An attorney acting in a representative capacity shall file a written notice of appearance with the Administrative Hearing Officer prior to the hearing. The notice of appearance shall state:

1. The attorney's name, office address and telephone number
2. The names and addresses of the person represented

The applicant is encouraged to bring photographs of the subject property and the area to be affected by the proposed variance. This gives the Administrative Hearing Officer a clearer understanding of the area to be impacted by the request.

If more than three (3) exhibits are to be introduced by the applicant, it is the responsibility of the applicant to pre-mark all exhibits in the following manner:

Exhibit Number, Title of Exhibit, Case Number, Case Name, Date of Hearing.

This information must be boxed in red or an index card attached to the exhibit. When there are more than three exhibits involved, the applicant should submit a list summarizing the exhibits.

A variance may be granted by the Administrative Hearing Officer only after determining:

1. Because of certain unique physical conditions, such as irregularity, narrowness or shallowness of lot size and shape, or exceptional topographical conditions peculiar to and inherent in the particular lot, there is no reasonable possibility in developing the lot in strict conformance with zoning regulations
2. Because of exceptional circumstances other than financial considerations, the granting of a variance is necessary to avoid practical difficulties or unnecessary hardship, and to enable the applicant to develop the lot

For a property located in the Critical Area or a Bog Protection Area, a variance to the requirements of the County Critical Area program or a Bog Protection Program may be granted if the Administrative Hearing Officer determines that:

The Administrative Hearing Officer has thirty (30) days from the close of the hearing to render a decision in the case.  Persons interested in obtaining a copy of the written decision in a variance case should contact the Office of Administrative Hearings at (410) 222-1266.  Persons attending the hearing who have signed in will receive a copy of the Hearing Officer's decision.

A variance that is not extended or tolled expires by operation of law unless the applicant within 18 months of the granting of the variance (1) obtains a building permit or (2) files an application for subdivision. Thereafter, the variance shall not expire so long as (1) construction proceeds in accordance with the permit or (2) a record plat is recorded among the land records pursuant to the application for subdivision, the applicant obtains a building permit within one year after recordation of the plat, and construction proceeds in accordance with the permit.

Any person aggrieved by a decision of the Administrative Hearing Officer may appeal the decision to the County Board of Appeals. An appeal must be filed in writing with the Board of Appeals within thirty (30) days of the date of the Administrative Hearing Officer's decision. Persons wishing to file appeals should contact the Board of Appeals at (410) 222-1119.

Appeals from a decision of the County Board of Appeals are made to the Circuit Court of Anne Arundel County.