§ 50-851. Variances.

(a)

The board of adjustment may authorize upon application such variances from the terms of this article that are not contrary to the public interest and are not provided elsewhere in this chapter to be heard by the board of county commissioners, when, owing to the special size, shape or physical features of or on the parcel involved, a literal enforcement of the provisions of this article would result in unnecessary or undue hardship. In order for the board of adjustment to authorize any variance from the terms of this article, the application for variance or other evidence, or both, must show:

(1)

That an application has been submitted including all information in the application form and any additional information reasonably required by the development department director, and including a plat or survey prepared by a licensed surveyor showing:

a.

Existing boundaries.

b.

Both the centerline and edge of right-of-way of adjoining roads or easements.

c.

All existing structures, and the distance from such structures to:

1.

The property line.

2.

The setback lines required for that zoning district.

d.

The size of the parcel of land for which a variance is requested, in square feet.

e.

The area of impervious surface, such as under roofs or pavement, in square feet.

f.

The specific physical characteristics of the lot or the land which necessitates the variance.

g.

Proposed structures, including their proposed location, dimensions, area and relationship to required setbacks or lot coverage.

h.

The locations of all structures on adjoining parcels of land.

(2)

That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district.

(3)

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

(4)

That granting the variance requested will not confer on the applicant any special privilege that is denied to other properties in the same zoning district under the terms of the code and would work unnecessary and undue hardship on the applicant.

(5)

That a literal interpretation of the provisions of this code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the code and would work unnecessary and undue hardship on the applicant.

(6)

That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure.

(7)

That the grant of the variance will be in harmony with the general intent and purpose of this article, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(8)

That the grant of the variance will be consistent with the provisions of the comprehensive plan.

(b)

In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this article. 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 article. The board of adjustment may prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed, or both.

(c)

Under no circumstances, except as specifically provided, shall the board of adjustment grant a variance to permit a use not generally or by special exception permitted in the zoning district involved or any use expressly or by implication prohibited in the zoning district. No nonconforming use of neighboring lands, structures or buildings in the same zoning district and no permitted use of lands, structures or buildings in other zoning districts shall be considered grounds for the authorization of a variance.

(1991 LDR ch. 79, §§ 7.07(G), (H), 7.12; Ord. No. 2007-03, § 25, 7-17-2007; Ord. No. 2008-08, § 4, 4-8-2008)