This chapter and the administrative manual provide the standards and procedures for the review of all variance applications and are required to determine compliance with this title. (Ord. 12-12-04, 12-4-2012)

The LUHO is authorized as the land use authority responsible to review and approve, approve with revisions, or deny all variance applications. (Ord. 12-12-04, 12-4-2012)

   A.   The procedures for the review of a variance application are identified by chapter 11 of the administrative manual.

   B.   The LUHO shall review the application and shall determine:

      1.   Literal enforcement of the provisions of this title 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.

      2.   The identified hardship is not self-imposed.

      3.   The identified hardship is not economic in nature.

      4.   There exists special circumstances peculiar to the property that do not apply to other properties in the same zoning district. The LUHO 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 immediate area.

      5.   The variance is essential to the enjoyment of a substantial property right possessed by other property in the same zoning district. The LUHO may find that special circumstances 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.

      6.   The approval of the variance application will not be contrary to the public interest.

      7.   The approval of the variance application will not have the effect of nullifying in any way the intent and purpose of this title, or the county's other land use ordinances. (Ord. 12-12-04, 12-4-2012)

In deciding a variance application the LUHO shall find that all the procedural requirements and review standards of section 10-11-3 of this chapter have been met. (Ord. 12-12-04, 12-4-2012)

   A.   If the variance application complies with all the requirements of section 10-11-3 of this chapter the LUHO may approve the application, with or without revisions and requirements determined necessary for compliance to the requirements of this title.

   B.   If the variance application does not comply with all the requirements of section 10-11-3 of this chapter the LUHO shall not approve the application. (Ord. 12-12-04, 12-4-2012)

In approving a variance application, the LUHO may require such revisions and requirements that in the judgment of the LUHO are necessary to mitigate any negative effects of approving the variance application and to secure the purposes of this title. (Ord. 12-12-04, 12-4-2012)

The LUHO may not authorize the establishment of a use in the zoning district that is not identified in section 10-25-1 of this title, appendix A, table of uses. (Ord. 12-12-04, 12-4-2012)

The approval of a variance application shall not authorize the establishment or extension of any use, or the development, construction, reconstruction, alteration or moving of any building or structure, but is a prerequisite to the preparation, filing, review, and determination of any land use application approval that may be required by this title. (Ord. 12-12-04, 12-4-2012)

Any person aggrieved by a decision of the LUHO for any variance application may appeal the decision to the appeal authority, as identified by chapter 14 of this title. (Ord. 12-12-04, 12-4-2012)