The Talbot County Planning Commission will act as the zoning board of adjustment and may grant a variance in the application of the provisions of the zoning ordinance. The planning commission may do so only if all of the following findings are made:

1.

That there are unique physical circumstances or conditions, including irregularity, narrowness, shallowness, or lot or size or shape, exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions and not to circumstances or conditions generally created by the provisions of the zoning ordinance in the neighborhood or district in which the property is located.

2.

That because of such physical conditions or circumstances, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning ordinance and that authorization is therefore necessary to enable the use of the property.

3.

That granting the variance will not result in a use otherwise permitted in the district.

4.

The Talbot County Planning Commission shall establish a reasonable time for hearing of any appeals authorized under this section and shall give at least 15 days notice of such hearing by publishing the time, date, and location of the public hearing within the county's legal organ, and shall give written notice by regular mail to all parties who are involved in the variance request and to adjacent property owners.

Any party aggrieved by any final judgment or decision of the Talbot County Planning Commission, may within 30 days thereafter appeal to the Talbot County Board of Commissioners. If the party is still aggrieved the party may appeal to the superior court or court of like jurisdiction. The party must file with such board a written notice of appeal specifying the judgment or decision from which the appeal is taken. In case of such appeal such court to which the appeal is taken and case in such court to be tried de nova.