Skip to code content (skip section selection)
Compare to:
55.38 VARIANCES.
1.   No variation in the application of the provisions of the Zoning Ordinance shall be made unless and until the Board of Adjustment shall be satisfied that granting the variation will not:
   A.   Merely serve as a convenience to the applicant and is not necessary to alleviate demonstrable hardship or difficulty so great as to warrant the variation.
   B.   Impair the general purpose and intent of the regulations and provisions contained in the Zoning Ordinance.
   C.   Impair an adequate supply of light and air to adjacent properties.
   D.   Increase the hazard from fire and other danger to said property.
   E.   Diminish the value of land and buildings in the County.
   F.   Increase congestion and traffic hazards on public roads.
   G.   Otherwise impair the public health, safety, and general welfare of the inhabitants of the County.
2.   In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with the Zoning Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the Zoning Ordinance and punishable under Section 55.33 of this chapter.
3.   The concurring vote of three (3) members of the Board of Adjustment shall be necessary to reverse any requirement, decision, order, or determination of the Zoning Administrator or to decide in favor of the applicant in regard to any matter upon which the Board is authorized by the Zoning Ordinance to render a decision.
4.   It is not the intention to grant to the Board of Adjustment the power or authority to alter or change the Zoning Ordinance or the District Maps. Such power and authority rests solely with the Board of Supervisors, in the manner provided in Section 55.41.
5.   A non-refundable application fee for a Variance shall be paid in full to the Zoning Administrator at the time the application is made, with the amount of said fee in accordance with a Fee Schedule adopted from time to time by Resolution of the Board of Supervisors.