A.   Definition: A variance is a modification of the bulk and placement requirements of the ordinance as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other ordinance provision affecting the size or shape of a structure or the placement of the structure upon lots, or the size of lots.

   B.   Standard: A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest.

   C.   Authorization: The planning and zoning commission may authorize in specific cases such variance from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title would result in unnecessary hardship because of characteristics of the site.

   D.   Limitations: No nonconforming use of neighboring lands, structures or buildings in the same zone and not permitted or nonconforming use of lands, structures or buildings in other zones shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this title would result in unnecessary hardship because of characteristics of the site. (Ord. 2015-02, 9-28-2015)

A variance from the terms of this title shall not be granted by the planning and zoning commission unless and until a written application for a variance is submitted to the planning and zoning administrator and the commission, which application contains the following information:

   A.   Name, address and phone number of applicant(s);

   B.   Legal description of property;

   C.   Description of nature of variance requested; and

   D.   Names and addresses of property owners within three hundred feet (300') beyond the external boundaries of the land being considered;

   E.   A filing fee shall accompany the application (see schedule of fees on file in the office of the county clerk); (Ord. 2009-03, 6-15-2009)

   F.   A narrative statement demonstrating that the requested variance conforms to the following standards:

      1.   That special conditions and circumstances exist which are peculiar to the land because of characteristics of the site;

      2.   That a literal interpretation of the provisions of this title would cause an undue hardship due to the characteristics of the site;

      3.   That special conditions and circumstances do not result from the actions of the applicant; and

      4.   A variance attaches to the realty and is transferable with the title to the property. (Ord. 2015-02, 9-28-2015)

A variance shall not be granted unless the planning and zoning commission makes specific findings of fact based directly on the particular evidence presented to it which support the conclusion that the above mentioned standards and conditions have been met by the applicant. (Ord. 2009-03, 6-15-2009)

Under no circumstances shall the planning and zoning commission grant a variance to allow a use not permissible under the terms of this title in the zone involved, or any use expressly or by implication prohibited by the terms of this title in said zone. In granting any variance, the commission may prescribe appropriate conditions and safeguards and, when made a part of the terms under which the variance is granted, any deviation shall be deemed a violation of this title. (Ord. 57, 4-18-1988)

Upon receipt of the application for a variance, the planning and zoning administrator shall place the request on the agenda for the next available public hearing, publish notice in a newspaper of general circulation within the county, and give written notice to all parties as required in section 8-9-6 of this title. (Ord. 2009-03, 6-15-2009)

   A.   Approval Or Denial Of Application:

      1.   Within thirty (30) days after the public hearing or at the next regular meeting of the planning and zoning commission, whichever occurs last, the commission shall either approve, conditionally approve or disapprove the request for a variance.

      2.   Upon granting or denying an application, the planning and zoning commission shall specify:

         a.   The ordinance and standards used in evaluating the application;

         b.   The reasons for approval or denial; and

         c.   The actions, if any, that the applicant could take to obtain a permit.

   B.   Notice Of Decision: Within thirty (30) days after a decision has been rendered, the planning and zoning administrator shall provide the applicant with written notice of the action on the request.

   C.   Appeal To Board Of County Commissioners: The applicant or any affected person who appeared in person or in writing before the planning and zoning commission may appeal the decision of the commission to the board, in accordance with chapter 18 of this title.

   D.   Record: Upon expiration of the statutory appeal period, the planning and zoning administrator shall prepare a record of the approved variance. The administrator shall have the document recorded and provide a copy of the recorded document to the applicant. (Ord. 2015-02, 9-28-2015)