Variances are exceptions to compliance with zoning regulations of this title. Variances are intended to alleviate exceptional practical difficulties or undue hardship arising from the strict application of the provisions of this title to a specific property. Variances address extraordinary, exceptional, or unique situations that were not caused by the applicant's act or omission. (Ord. 603, 11-1-2018)

   A.   The following applications for variances are minor variances and may be approved administratively by the Director:

      1.   Ten percent (10%) or less for off-street loading,

      2.   Ten percent (10%) or less for building setback or fence height,

      3.   Ten percent (10%) or less for off-street parking or open space area, or

      4.   An increase in accessory dwelling floor area of ten percent (10%) or less in cases where there is an existing accessory building proposed to be converted to an accessory dwelling.

   B.   All other applications for variances, including those related to sign and/or building permits, are major variances and must be approved by the commission, the final decision-maker. The Director is responsible for processing such applications for major variances. (Ord. 603, 11-1-2018)

An application for a variance may be submitted by the property owner or an agent authorized in writing to act on the owner's behalf to the department in accordance with chapter 3 of this title. (Ord. 603, 11-1-2018)

The Director must render a decision on each minor variance application in accordance with chapter 4 of this title and may impose conditions pursuant to chapter 8 of this title. Appeal of the decision must be to the commission in accordance with the procedures set forth in chapter 12 of this title. Notice of the filing of the application must be made in accordance with chapter 9 of this title. (Ord. 603, 11-1-2018)

   A.   The Director must submit a report to the Board containing the County staff's findings and recommendations on each application for a major variance in the manner provided in chapter 3 of this title.

   B.   The Board must hold a public hearing not later than sixty five (65) days after the application has been deemed complete. Published and personal notice of the public hearing must be given in the manner provided in chapter 9 of this title. The public hearing must be conducted in accordance with chapter 10 of this title.

   C.   When a variance is associated with an application that requires a hearing by the Board or on appeal, the application shall be processed in accordance with chapter 7 of this title. (Ord. 603, 11-1-2018; amd. Ord. 618, 9-2-2021)

   A.   Minor Variance Findings: The Director must not approve a minor variance unless undue hardship is self-evident and the following findings are made:

      1.   The granting of the variance will not substantially impair the intent and purpose of this title or the goals, policies and objectives embodied in the master plan;

      2.   The variance is not requested exclusively on the basis of economic hardship to the applicant; and

      3.   The variance does not result in the establishment of a use not permitted within the specific zoning district.

   B.   Major Variance Findings: The Board must not approve a major variance unless it finds that:

      1.   By reason of exceptional narrowness, shallowness, or shape of the property in question, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of the property in question, the strict application of the provisions of this title would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon, the applicant;

      2.   The circumstances or conditions do not apply generally to other properties in the same land use district; and

      3.   The granting of the variance will not result in material damage or prejudice to other properties in the vicinity, substantial impairment of natural resources or be detrimental to the public health, safety and general welfare. (Ord. 603, 11-1-2018; amd. Ord. 618, 9-2-2021)

The Board must approve, conditionally approve or deny the application for major variance. The Board may impose conditions in accordance with chapter 8 of this title and section 15.203.08 of this chapter. Appeal of the Board's decision must be in accordance with chapter 12 of this title. (Ord. 603, 11-1-2018; amd. Ord. 618, 9-2-2021)

   A.   No minor or major variance shall be granted that allows a land use prohibited in the zoning district in which it is located or that changes any boundary of the district, nor shall any variance be granted that changes the density of residential use or that changes the intensity of non-residential use. Any variance so granted is null and void, and any activities undertaken pursuant to such variance must be deemed in violation of this title.

   B.   The Board, in approving a major variance, and the Director, in approving a minor variance, must impose the following conditions:

      1.   Where no other discretionary permit is required, the variance will expire and become null or void if the project does not comply with the provisions of chapter 13 of this title, expiration of approved permits.

      2.   Where approved concurrent with another discretionary permit, the variance shall run with the time established for the other permit; and

      3.   Conformance to plans approved as a part of the variance.

   C.   No variance shall be granted which alters or modifies the procedures under chapters 1 to 199 of this title. (Ord. 603, 11-1-2018; amd. Ord. 618, 9-2-2021)