§ 56-181. Variances.  


Latest version.
  • The county planning commission may grant variances from the terms and provisions of this article under the following provisions:

    (1)

    No such variance shall change the zoning or use classification of such property.

    (2)

    No such variance shall permit a use of such property that is not otherwise permitted in its zoning classification.

    (3)

    Such variance shall not be contrary to the public interest or detrimental to the adjoining land owners or neighborhood, and shall not impair the purpose and intent of this chapter.

    (4)

    There must be extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography.

    (5)

    There must exist a practical difficulty or unnecessary hardship in the use and utilization of said property without such variance.

    (6)

    The circumstances of the hardship cannot be self-created by the applicant.

    (7)

    The provisions of section 56-261 must be followed as the same pertains to the public hearing and advertisement requirements thereof.

    (8)

    If a requested variance application is denied by the county planning commission, it will be forwarded to the county board of commissioners for reconsideration under the above stated provisions.

(Ord. of 8-28-2007(1), § 113; Ord. of 1-22-2008)