(A) The Board may grant a variance from use 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 adjacent areas to the subject property are not adversely affected;
(3) The need for a variance stems from a condition unusual or peculiar to the subject property itself;
(4) The strict application of the terms of this chapter will results in an unnecessary hardship if they were applied to the subject property; and
(5) The approval of the variance does not contradict the goals and objectives of the Comprehensive Plan.
(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 use variance granted by a Board may run with the parcel or applicant until such time as:
(1) The use of the variance ends, is vacated or unused for three months consecutively;
(2) The property conforms with this chapter as written; or
(3) The property is sold.
(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, § 12.13)