§ 34-28. Variances to zoning code (chapter 38).

(a)

The board of county commissioners may grant a variance from the building requirements contained in chapter 38, zoning, which are either specifically listed in section 38-1501 for those districts listed therein or from the types of requirements contained in section 38-1501 for the UR, RCE-2 and RCE-5 Urban Village districts, provided a variance from the section 38-1501 type requirements:

(1)

Affects more than one (1) lot; and

(2)

May have an effect on the overall site development of the subdivision.

(b)

A variance may be granted provided that such variance shall not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this chapter and/or the site and building requirements contained in section 38-1501 would result in unnecessary hardship. Such variance shall not be granted if it has the effect of nullifying the intent and purpose of these regulations and/or the site and building requirements contained in section 38-1501. Furthermore, such variance shall not be granted by the board of county commissioners unless and until:

(1)

Application. A written application for a variance is submitted demonstrating:

a.

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

b.

That a literal interpretation of the provisions of chapter 34 and/or chapter 38 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.

d.

That the granting of the variance requested will 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. No preexisting conditions of neighboring lands which are contrary to this chapter shall be considered grounds for the issuance of a variance.

e.

That a variance from the provisions of section 38-1501 is in conjunction with either a proposed preliminary subdivision plan or change to an existing preliminary subdivision plan, where the requested variance promotes and makes possible the construction of the project, consistent with the goals of the county, and which would not substantially alter the character of the immediate vicinity. Further, such variance shall not alter the density/intensity of the property upon which the project is located such that the density/intensity upon the varied property would become inconsistent with either the zoning district or comprehensive policy plan.

(2)

Findings. The board of county commissioners shall make findings that the requirements of this section have been met.

a.

A public hearing on the proposed variance is held. The public hearing may be held prior to or simultaneously with the public hearing for approval of the preliminary subdivision plan when a variance is requested prior to the preliminary subdivision plan approval. When the variance is a change to an approved preliminary subdivision plan, then a specific public hearing to review the variance requesting a change to the preliminary subdivision plan shall be held. The notice requirements of section 34-69 shall be followed.

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