§ 34-205. Variances

(a) The planning commission may authorize, upon appeal in specific cases, such variances from the terms of this article as will not be contrary to the public interest where, owning to special conditions, a literal enforcement of the provisions of this article will, in an individual case, result in practical difficulty or unnecessary hardship, so that the spirit of this article shall be observed, public safety and welfare secured, and substantial justice done. The existence of a nonconforming use of neighboring land, buildings or structures in the same district or of permitted or nonconforming uses in other districts shall not constitute a reason for the requested variance. Such variance may be granted in such individual case of unnecessary hardship. In determining whether or not to grant a variance, the planning commission shall consider, along with other relevant facts, the following:

(1) Whether there are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography;

(2) Whether the application of this article to this particular piece of property would create an unnecessary hardship;

(3) Whether such conditions are peculiar to the particular piece of property involved;

(4) Whether relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this article;

provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by this article.

(b) All decisions made by the planning commission for a variance request may be appealed to the commissioner of the county.

(Ord. of 7-20-1994, § 11.05)