(A) The Board may grant a variance from the development standards of this chapter (such as height, bulk, area) if, after a public hearing, it makes findings of facts in writing, that:
(1) The approval will not be injurious to the public health, safety, morals and general welfare of the community;
(2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and
(3) The strict application of the terms of this chapter will result in a practical difficulty. This situation shall not be self-imposed, nor be based on a perceived reduction of or restriction of economic gain.
(B) The Board may permit or require the owner of a parcel of property to make written commitments and record it in the County Recorder’s office concerning the use or development of that parcel or may impose conditions upon that grant of variance.
(C) A developmental standards variance granted by the Board shall run with the parcel until such time as:
(1) The use of the variance ends; or
(2) The property conforms with this chapter as written.
(D) The Board of Zoning Appeals may enforce any condition and/or commitment it has imposed as if it were a standard of this chapter.
(Ord. 2002-05, passed 12-30-2002, § 12.12)