Where practical difficulties, unnecessary hardships and results
inconsistent with the general purpose of this title may result from
the strict application of certain provisions thereof, a variance may
be granted as provided in this chapter except for uses not permitted
by zoning district regulations.
(Prior code §9-128)
Application for variance shall be made in writing on a form
prescribed by the planning commission and shall be accompanied by
a filing fee in such amount as may be fixed from time to time by order
or resolution of the board of supervisors and statement, plans and
evidence of showing:
A. That
because of special circumstances applicable to the subject property,
including size, shape, topography, location or surroundings, the strict
application of this title will deprive the subject property of privileges
enjoyed by other properties in the vicinity and under identical zone
classifications;
B. That
the granting of the application is necessary for the preservation
and enjoyment of substantial property rights of the petitioner and
will not constitute a grant of special privilege inconsistent with
the limitations upon other properties in the vicinity and zone in
which the subject property is situated;
C. That
the granting of the application will not, under the circumstances
of the particular case, materially affect adversely the health or
safety of persons residing or working in the neighborhood of the property
of the applicant and will not, under the circumstances of the particular
case, be materially detrimental to the public welfare or injurious
to property or improvements in the neighborhood.
(Prior code §9-128(a))
A public hearing shall be held within forty days after filing
of the application, notice of which shall be given by the mailing,
at least ten days prior to the hearing, of postcard notices through
the United States mail, with postage prepaid, to all property owners
within three hundred feet of the property on which the proposed variance
is to be established, as shown on the current assessment roll of the
county and using addresses from the last adopted tax roll.
(Prior code §9-128(b))
No application for a variance which has been denied wholly or
in part by the planning commission, or by the board of supervisors
on appeal, shall be resubmitted for a period of one year from the
date the order of denial became final, except on grounds of new evidence
or proof of changed conditions found to be valid by the planning commission
or the board of supervisors, whichever issued the order of denial.
(Prior code §9-128(d))