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))
A. 
After the conclusion of the public hearing, the planning commission shall make a finding of facts indicating whether the circumstances enumerated in subsections A, B and C of Section 21.84.020 apply to the land, building or use for which variance is sought and whether the variance shall be in harmony with the general purpose of this title.
B. 
The planning commission may impose such conditions in connection with the variance as it deems necessary to secure the purposes of this title and may require a bond, undertaking or other assurances that such conditions are being or will be complied with.
C. 
If the planning commission, after receiving and considering the evidence, and any proposed conditions, is unable to make the foregoing finding of facts, the variance shall be denied.
(Prior code §9-128(c))
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))