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Title: 14 - Buildings and Constructions

Chapter: 08 - Building Setback Lines

Section: 40 - Variances

A.  Where practical difficulties, unnecessary hardship, or results inconsistent with the purpose and intent of this chapter, may result from its strict application, variances may be granted as provided in this section.

B.  Applications for variances under this Chapter and the determination thereon shall be governed by the provisions set forth in Title 20, Chapter 20.54 and shall be accompanied by a fee of ten dollars, no part of which shall be returnable to the applicant, and by a statement showing:

     1.  That there are exceptional and extraordinary circumstances or conditions applying to the land, building, or use referred to in the application, which circumstances or conditions do not apply generally to land, buildings or uses in the same district;

     2.  That the granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner;

     3.  That the granting of such variance will not under the circumstances of the particular case, be materially detrimental or injurious to property or improvement in the neighborhood.

C.  A public hearing shall be held by the planning commission within sixty days after filing of application with the commission,, notice of which shall be given by one publication in a newspaper of general circulation in the county or by posting notice on the property involved or adjacent thereto, at least ten days prior to such hearing.

D.  Following the public hearing, the planning commission shall make a written findings-of-fact and submit it with its recommendation to the board of supervisors.

E.  The board of supervisors shall consider the application for variance to this chapter within sixty days after receipt of the planning commission\'s report and shall either grant or deny such application. The board of supervisors may designate conditions and guarantees in connection with the variance to secure the purpose of this chapter.

F.  In any case where the conditions of granting of a variance are not complied with, the planning commission shall give notice to the permittee at least ten days prior to a hearing to revoke such variance. After conclusion of the hearing, the planning commission may revoke such variance subject to confirmation by the board of supervisors.

 

(Ord. 302 § 4, 1960.)(Ord. 2009-003 § 1 (part), 2009.)