11B-308 Powers and Duties

The powers and duties of the Board of Adjustment shall be the Land Use Authority as follows: A. To hear and decide special exceptions to the terms of the Land Use Ordinance upon which such Board is required to pass under the provisions of this Code. B. To hear and decide nonconforming/non-compliance use issues. C. To hear and decide variances from the terms of the Land Use Ordinance. 1. Variances: Any person or entity desiring a waiver or modification of the requirements of the Land Use Ordinance as applied to a parcel of property that he/she owns, leases, or in which he/she holds some other beneficial interest may apply to the Board of Adjustment for a variance from the terms of the land use ordinance. A variance runs with the land. 2. The Board of Adjustment may grant a variance only if each of the following conditions are met: a. Literal enforcement of the Land Use Ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purposes of the Land Use Ordinance; b. There are special circumstance attached to the property that do not generally apply to other properties in the same zone area; c. Granting the variance is essential to the enjoyment of substantial property right possessed by other property in the same zone area; d. The variance will not substantially affect the General Plan and will not be contrary to the public interest; and e. The spirit of the Land Use Ordinance is observed and substantial justice done. 3. In determining whether or not enforcement of the Land Use Ordinance would cause unreasonable hardship under subsection 2, above, the Board of Adjustment may not find unreasonable hardship unless alleged hardship: g. Is located on or associated with the property for which the variance is sought; and h. Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood. 4. In determining whether or not enforcement of the Land Use Ordinance would cause unreasonable hardship under subsection 2, above, the Board of Adjustment may not find unreasonable hardship if the hardship is selfimposed or economic. 5. In determining whether or not there are special circumstances attached to the property under subsection 2, above, the Board of Adjustment may find that special circumstances exist only if the special circumstances: a. Relate to the hardship complained of; and b. Deprive the property of privileges granted to other properties in the same district. 6. The applicant shall bear the burden of proving all of the conditions justifying a variance have been met. 7. The Board of Adjustment may not grant use variances. 8. In granting a variance, the Board of Adjustment may impose additional requirements on the applicant that will: a. Mitigate any harmful affects of the variance; or b. Serve the purpose of the standard or requirement that is waived or modified. 9. A Variance Permit which has been issued by the Board of Adjustment will expire unless building commences prior to 18 months after variance is issued.