(A) Relief. Unless otherwise listed, appeals from the specific provisions of this chapter and appeals from any ruling of the Ordinance Administrator shall be submitted to the County Board of Adjustment within ten days of receipt of adverse action or ruling.
(B) Variance.
(1) The Board of Adjustment may authorize upon appeal in specific cases the variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will, in an individual case, result in practical difficulty or extreme hardship, and so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done, the variance may be granted in the individual case of extreme hardship upon a finding by the Board of Adjustment that the following conditions exist:
(a) There are extraordinary and exceptional conditions pertaining to the particular place or property in question because of its size, shape or topography that are not applicable to other automobile graveyards and junk yards governed by this chapter;
(b) Granting the variance requested will not confer upon the applicant any special privileges that are denied to other operators of other automobile graveyards and junk yards governed by this chapter;
(c) A literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other operators of automobile graveyards or junk yards governed by this chapter;
(d) The requested variance will be in harmony with the purpose and intent of this chapter and will not be injurious to the neighborhood or to the general welfare;
(e) The special circumstances are not the result of the action of the applicant; and/or
(f) The variance requested is the minimum variance that will make possible the legal use of the land in question.
(2) In granting a variance the Board of Adjustment shall make findings that the requirements of this section have been met. The Board of Adjustment shall make a finding, and written notice of the decision shall be prepared and furnished to the applicant. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violations of the conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter.
(C) Decision.
(1) Decision of the Board of Adjustment may be appealed. The petition for the writ of certiorari must be filed with the County Clerk of Superior Court within 30 days after the later of the following occurrences:
(a) A written copy of the Board of Adjustment's decision has been filed in the Office of the County Planning Department; and
(b) A written copy of the Board of Adjustment's decision has been delivered, by personal service or certified mail, return receipt requested, to the applicant or appellant and every other aggrieved party who has filed a written request for the copy at the hearing of the case.
(2) A copy of the petition writ of certiorari shall be served upon the county through the Office of the County Manager.
(Ord. passed 3-9-1992)