Zoning 1003 Procedures and Review Standards for Variance Applications

1) The procedures for the review of a Variance Application are identified by Chapter 11 and Chapter 15, Administrative Manual. 2) The Commission shall review the Application and shall determine: a) Literal enforcement of the provisions of this Ordinance would cause an unreasonable hardship for the Applicant with the Applicant providing sufficient evidence demonstrating that the hardship is located on, or associated with the subject property, for which the variance is sought, and is peculiar to the property rather than conditions generally existing on other properties located in the same Zoning District or immediate area. b) The identified hardship is not self-imposed. c) The identified hardship is not economic in nature. d) There exist special circumstances peculiar to the property that do not apply to other properties in the same Zoning District. The Commission may find an unreasonable hardship exists only if the alleged hardship is located on, or associated with, the property for which the Variance is sought and comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood. e) The Variance is essential to the enjoyment of a substantial property right possessed by other property in the same Zoning District. The Commission may find that special circumstances are attached to the property exist only if the special circumstances relate to the hardship complained of and deprive the property of privileges granted to other properties in the same Zoning District. f) The approval of the Variance Application will not be contrary to the public interest. g) The approval of the Variance Application will not have the effect of nullifying in any way the intent and purpose of this Ordinance, or the County’s other Land Use Ordinances.