(A) General.
(1) Any party in interest may request that the legislative body grant a variance to the provisions of this subchapter when the legislative body finds that the provisions of the code impose undue and unwarranted hardships or injustices upon the party requesting such variance and that the granting of the variance will most nearly accomplish and not defeat the purpose and intent of this subchapter, or the county and planning and zoning regulations.
(2) In which case, the variance will have to be granted by the County Planning and Zoning Commission and approved by the legislative body.
(B) Procedure.
(1) Upon receipt of a request for the granting of a variance to this subchapter, the legislative body shall, at its next regularly scheduled meeting, following receipt of the request, establish a time and place for a hearing to be held on the request. The parties requesting the variance shall give ten days’ notice to the hearing by registered mail, return receipt requested, to the others of all property adjacent to the area for which the variance is being requested.
(2) The legislative body shall, at the time the date of the hearing is established, determine the meaning of the word “adjacent” so as to give reasonable notice to all parties who may reasonably be affected by the variance.
(C) Hearing.
(1) During the course of the hearing, the legislative body shall require proof that a good faith effort has been made to notify those parties, as determined by said body, at the time the hearing was scheduled to have an interest in the property adjacent to that property for which the variance is being requested.
(2) The party requesting the variance shall make a presentation to the legislative body as to why the section of this subchapter from which it is requesting a variance causes undue and unwarranted hardship or injustices to it, and as to why the granting of the variance will not defeat the purpose and intent of this subchapter.
(3) (a) All parties in interest will be given the opportunity to question the applicant and to present information both in support of or against the granting of the variance.
(b) The legislative body may require submission of additional evidence of proof to substantiate the position of the applicant, and may require such additional data and tests which, in the opinion of the legislative body, is necessary for adequate consideration of the request.
(c) The legislative body may schedule additional hearings, if in said body’s opinion, they are necessary for adequate consideration of the request.
(D) Decision. The legislative body shall vote at the end of the hearing, and if a majority of the whole body votes in favor of such variance, the variance is granted.
(1996 Code, § 15-2.05)