14.20.050 BOARD OF ADJUSTMENTS: Variances

Any person or entity desiring a waiver or modification of the requirements of this title or any other County land use ordinance as applied to a parcel of property that they own, lease, or in which they hold some other beneficial interest may apply to the Board of Adjustments for a variance from the terms of this title or other County land use ordinance. The Board of Adjustment may grant a variance only if: 1. Literal enforcement of this title or other County land use ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this title or other County land use ordinances; 2. There are special circumstances attached to the property that do not generally apply to other properties in the same zone; 3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property(ies) in the same zone; 4. The variance will not substantially affect the County’s General Plan and will not be contrary to the public interest; and 5. The spirit of this title and other County land use ordinances is observed and substantial justice done. In determining whether or not enforcement of this title or other County land use ordinances would cause unreasonable hardship under Subsection 14.20.050 (1), the Board of Adjustments may not find an unreasonable hardship unless the alleged hardship: 1. Is located on or associated with the property for which the variance is sought; 2. Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood; and 3. In determining whether or not enforcement of this title or other County land use ordinance would cause unreasonable hardship , the Board of Adjustments may not find an unreasonable hardship if the hardship is self-imposed or economic. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met. Variances shall run with the land, not with the land owner. The Board of Adjustments and any other body shall not grant use variances. In granting a variance, the Board may impose additional requirements on the applicant that will: 1. Mitigate any harmful effects of the variance; or 2. Serve the purpose of the standard or requirement that is waived or modified.