§ 138-231. Criteria for granting of variances, waivers and/or administrative adjustments.
Latest version.
In order to authorize any variance, waiver, and/or administrative adjustment to the
terms of the Code, the authorized reviewing body shall determine the following criteria
have been satisfied:
Table 138-231.a — Criteria for Granting of Variances, Waivers and/or Administrative
Adjustments
Critera
Variance
Waiver
Administrative
Adjustment
(a)
Special conditions.
That special conditions and circumstances exist which are peculiar to the land, structure,
or building involved.
X
(b)
Unnecessary hardship.
That literal interpretation of the provisions of this Code would deprive or make it
practically difficult for the applicant to achieve the same proportion of development
potential commonly enjoyed by other properties in the same zoning district under the
terms of this chapter. The hardship shall not be self-imposed.
X
(c)
Minimum code deviation necessary.
That the granting of the request is the minimum code deviation that will make possible
the reasonable use of the land, building, or structure.
X
X
X
(d)
Consistency with the land development code.
That the granting of the request will be in harmony with the general intent, purpose,
and spirit of this Code.
X
X
X
(e)
Consideration of rezoning.
That a rezoning of the property has been considered and determined not to be appropriate
and/or determined not to meet the objective of the request.
X
(f)
Consistency with Comprehensive Plan.
That the granting of the request will be consistent with the intent and limits of
the Comprehensive Plan.
X
(g)
Detriment to public welfare.
That such request will not be injurious to the area involved or otherwise detrimental
to the public welfare.
X
(h)
Circumvent Board approval.
That the granting of the request does not circumvent a condition placed upon the subject
property by the Board of Adjustment and Appeals and/or the board of county commissioners.
This shall not apply to new variances reviewed by the same board that originally placed
the condition.
X
(Ord. No.
18-36
, § 3(Att. B), 10-23-18)
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