(A) (1) An individual, or business entity, that requests a vested rights determination may at the same time request a variance from the time limit, required action or term that otherwise would cause the vested rights to expire.
(2) An individual requesting a variance must file a written application to the Board of Adjustment, which may be filed concurrently with the application for a vested rights determination.
(3) The request for variance must identify the specific provisions for which a variance is being requested and the reasons the applicant feels will justify the granting of the variance.
(B) The Board of Adjustment shall review the application for variance and shall determine whether the variance is granted, conditionally granted or denied. In granting a variance, the Board of Adjustment must make written findings establishing that:
(1) The applicant will suffer undue hardship in the absence of a variance that is not the result of the applicant’s own negligence;
(2) The applicant has been actively attempting to pursue and complete development of the project that is the subject of the vested rights; and
(3) Compliance with rules and regulations passed after the recognition of vested rights will cause a substantial economic hardship to the developer/property owner, which precludes the capability of completing the project in a reasonable and prudent manner.
(Ord. 3020, passed 9-10-2013, § 8.22.3)