§ 28-19. Variances.

(a)

Authority of Community Zoning Appeals Board. The County's Community Zoning Appeals Board may authorize a variance from these regulations. The Community Zoning Appeals Board may vary the regulations so that substantial justice may be done, provided that such variance will not have the effect of nullifying the intent and purpose of the overall community plan. In granting any variance, the County's Community Zoning Appeals Board shall prescribe any conditions that are deemed necessary to or desirable for the public interest. In making its findings, the Community Zoning Appeals Board shall take into account among other things the nature of the proposed use of the land and the exiting use of the land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the County's Community Zoning Appeals Board finds, among other things, that all three (3) of the following conditions exist in regard to the land concerned:

(1)

That there are special circumstances or conditions affecting the property and that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of the land.

(2)

That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant.

(3)

That the granting of the variance will not be detrimental to the public welfare or injurious to the other property in the territory in which the property is situated.

(b)

Large scale developer. The standards and requirements of these regulations may be modified by the Community Zoning Appeals Board in the case of a plan and program for a new town or a complete community which in the judgment of the Community Zoning Appeals Board provides adequate public spaces and improvements for the circulation, recreation, light, air, and service needs of the tract when fully developed and populated, and which also provides such covenants or other legal provisions as will assure conformity to and achievement of the plan.

(c)

Hearing and notice. All such variances shall be granted only after hearing and notice as prescribed in Section 33-310. The Community Zoning Appeals Board shall not act without considering the recommendations of the Planning Director and the Zoning Official.

(d)

Variance to specified sections. Where the use of a fire well or septic tank or both well and septic tank have been approved for use as provided in Sections 28-15(c)(2), 28-15(c)(3) and 28-15(d)(2), a variance to these sections need not be authorized by the Community Zoning Appeals Board.

(Ord. No. 77-6, § 1, 2-1-77; Ord. No. 78-12, § 3, 3-21-78; Ord. No. 94-51, § 4, 3-17-94; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 96-127, § 3, 9-4-96; Ord. No. 98-125, § 18, 9-3-98)