A. General: Where the BOA finds that unreasonable hardships may result from strict compliance with the zoning provisions of this title, it may approve variances to the zoning provisions of this title, when otherwise permitted under subsection 10-9-10E of this title, so that substantial justice may be done and the public interest secured; provided, that the variance shall not have the effect of nullifying the intent and purpose of this title.
B. Standards: The BOA shall not approve a variance unless it shall make findings, based upon the evidence presented to it in each specific case, that all of the following provisions apply:
1. Literal enforcement of this title would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances;
2. There are special circumstances attached to the property that do not generally apply to other properties in the same district;
3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;
4. The variance will not substantially affect the general plan and will not be contrary to the public interest; and
5. The spirit of the provisions of this title is observed and substantial justice done.
C. Conditions: In approving variances, the BOA may require such conditions as will, in its judgment, mitigate any harmful effects of the variance and secure substantially the purposes of this title.
D. Use Variances Prohibited: The BOA may not grant use variances.
E. Review Procedures:
1. The CDD or designated planning staff member shall review the BOA application and make preliminary findings as to whether the application complies with the standards for approving a variance established in this title.
2. If applicable, the CDD or designated planning staff member may secure input regarding the proposed request from any affected agencies and service providers. Upon receiving such information, the CDD or designated planning staff member shall prepare a report and make findings and recommendations and shall schedule a public hearing before the BOA.
3. The BOA shall review the application and staff report. After conducting a public hearing, the BOA shall approve, approve with conditions, or deny the proposed request.
4. No petition for judicial review may be filed unless and until the applicant has exhausted all manners of relief and processes as are provided herein and in this title. (Ord. 705, 10-15-2008; amd. Ord. 708, 12-10-2008)