§ 34-27. Variances to subdivision regulations.

(a)

Classification of variances.

(1)

A request for a variance from the requirements of this chapter as part of a PSP approval shall be reviewed by the DRC.

(2)

A proposed variance shall be classified and reviewed as follows:

a.

Nonsubstantial variance. A nonsubstantial variance from any of the technical requirements of this chapter may be approved, approved with conditions or denied by the DRC upon compliance with subsection (b) below. The DRC decision may be appealed to the board of county commissioners. The board of county commissioners shall hold a public hearing on the appealed DRC decision. If appealed, the public hearing procedures of section 34-69 shall be followed.

b.

Substantial variance. A substantial variance from any of the technical requirements of this chapter shall be reviewed by the DRC and a recommendation for approval, approval with conditions or denial shall be forwarded to the board of county commissioners. The board of county commissioners shall hold a public hearing on the variance request. The public hearing notice procedures set forth in section 34-69 shall be followed.

(3)

The determination whether the variance is a substantial or nonsubstantial variance shall be made by the DRC based upon the scope, nature, density/intensity, consistency with the CPP and location within the boundaries of the property of the proposed variance.

(b)

Review of request; grant. The DRC may approve a request for a variance from the terms of this chapter when such variance will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. The granting of the variance requested shall not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or required subdivision improvements under similar conditions. Under no circumstances may a nonsubstantial variance be granted if granting such a variance would affect or impact property outside the subdivision, including neighboring lands. No preexisting conditions of neighboring lands which are contrary to this chapter shall be considered grounds for the issuance of a variance. Such variance shall not be granted if it has the effect of nullifying the intent and purpose of these regulations. Furthermore, such variance shall not be granted unless and until:

(1)

Application. A written application for a variance is submitted demonstrating one (1) of the following:

a.

That special conditions and circumstances exist which are peculiar to the land, structures, or required subdivision improvements involved and which are not applicable to other lands, structures, or required subdivision improvements.

b.

That a literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties with similar conditions.

c.

That special conditions and circumstances exist and do not result from the actions of the applicant.

(2)

Findings. To approve a variance request the DRC shall make findings that the requirements of this section have been met.

a.

The DRC shall make a finding that the reasons set forth in the application justify the granting of the variance which would make possible the reasonable use of the land, buildings, or other improvements.

b.

The DRC shall make further finding that the granting of the variance would be in harmony with the general purpose and intent of these regulations, will not be injurious to the surrounding territory, or otherwise be detrimental to the public welfare.

(3)

Conditions. Appropriate conditions and safeguards in conformity with this chapter may be prescribed in the granting of any variance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Code and chapter 30, article III of the County Code.

(4)

Board of county commissioners appeal. Any decision denying a variance by the DRC may be appealed to the board of county commissioners.

(Ord. No. 91-29, § 2(Exh. A), 12-10-91; Ord. No. 94-4, § 1(Exh. A), 2-8-94; Ord. No. 2000-14, § 1, 6-27-00)