The hearing examiner shall have the authority to grant a variance from the requirements of this title, after considering the matter at a public hearing duly called, giving notice to adjoining property owners as provided in this chapter.

(Ord. 11398 § 3 (part), 1997: Ord. 8216 § 107 (part), 1985)

Before any variance can be granted, the hearing examiner shall make findings of fact setting forth and showing that the following circumstances exist:

1.

That the granting of the proposed variance will not result in the allowance of a use which is not classified as a permitted or special use in the district wherein the use would be located;

2.

That special conditions and circumstances exist which are peculiar to the land, such as size, shape, topography or location, not applicable to other lands in the same district and that literal interpretation of the provisions of this title would deprive the property owner of rights commonly enjoyed by other properties similarly situated in the same district under the terms of this title;

3.

That the special conditions and circumstances are not the result of the actions of the applicant;

4.

That granting of the variance requested will not confer a special privilege to the property that is denied other lands in the same district;

5.

That the granting of the variance will not be materially detrimental to the public welfare or injurious to other land or improvements in the vicinity and district in which the property is situated;

6.

That the reasons set forth in the application justify the granting of the variance, and that the variance, if granted, would be the minimum variance that will make possible the reasonable use of the land;

7.

That the granting of the variance will be in harmony with the general purpose and intent of this title and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

(Ord. 11398 § 3 (part), 1997: Ord. 8216 § 107 (part), 1985)

The fact that property may be utilized more profitably shall not be an element of consideration in any review of a variance request.

(Ord. 11398 § 3 (part), 1997: Ord. 8216 § 107 (part), 1985)

The hearing examiner may grant a variance subject to conditions and safeguards designed to ensure that the purpose and intent of this title and the Comprehensive Plan will not be violated.

(Ord. 11398 § 3 (part), 1997: Ord. 8216 § 107 (part), 1985)

1.

Expiration of Approval. If a building permit has not been issued, or if construction activity or operation has not commenced within three years from the date of final approval, the variance shall expire. The variance shall also expire when the use or activity for which the variance was granted is vacated for a period of three years.

2.

Knowledge of the expiration date is the responsibility of the applicant. The county is not responsible for providing notification prior to expiration.

3.

Time Limit and Re-Review. There may be a condition to provide time limits for the variance. If it is determined after review that the variance no longer meets the conditions set by the hearing examiner at the time of the initial approval, the variance may be terminated, or such standards added as will achieve compliance with the original hearing examiner conditions.

(Ord. 12463 § 16, 2001; Ord. 11804 § 99, 1998: Ord. 11398 § 3 (part), 1997: Ord. 8216 § 107 (part), 1985)

The hearing and review process for variances shall be as provided in Chapter 20.60.

(Ord. 11398 § 3 (part), 1997: Ord. 8216 § 107 (part), 1985)

Each application for a variance shall be filed with the department in accordance with Chapter 20.60.

(Ord. 11398 § 3 (part), 1997: Ord. 11025 § 27, 1995: Ord. 8216 § 107 (part), 1985)

(Ord. No. 14773, § 10(Att. I), 7-24-2012)

Following the termination of a public hearing on a variance, the hearing examiner shall enter his order in conformance with Chapter 2.06 TCC. In making the order, it shall include, in a written record of the case, the findings of fact upon which the decision is based. If such order grants a variance, it shall also recite the conditions and limitations that are imposed. Whenever the hearing examiner grants a variance, the hearing examiner shall discuss each objection separately in separate findings, and shall indicate whether it agrees or disagrees with each objection and the reason why. Such separate findings shall be included in the record of the case and shall be made prior to the findings of fact upon which the decision is based.

(Ord. 11398 § 3 (part), 1997: Ord. 8216 § 107 (part), 1985)

The order of the hearing examiner on an application for a variance shall be final and conclusive unless appealed to the board of county commissioners in accordance with Chapter 2.06 TCC (Hearing Examiner). The filing of the appeal within such time limit shall stay the effective date of the order of the hearing examiner until such time the appeal has been adjudicated or withdrawn.

(Ord. 11398 § 3 (part), 1997: Ord. 8216 § 107 (part), 1985)

Any person who violates any term or condition of a variance shall be considered in violation of this title and shall be subject to the penalties prescribed in Chapter 20.60. The hearing examiner may revoke a variance if any condition therein is violated.

(Ord. 11398 § 3 (part), 1997: Ord. 8216 § 107 (part), 1985)