§42-367.
Variances
A.
Purpose. Variances are intended to provide limited relief from the requirements of this Chapter in those
cases where the strict application of the provisions of this Chapter would result in unnecessary hardship.
Any use which requires a Variance shall not be permitted without the approval of the Zoning Board of
Adjustment (ZBA) in accordance with the requirements and procedures set forth in this section. 
B.
Application.
(1)
Pre-application Conference. Each applicant
for a Variance shall meet with the appropriate Administrator (within this section “Administrator”
shall refer to any of the following: Communication Facilities, Manufactured Home Park, Soil
Erosion and Sedimentation Control, Water Quality, Subdivision, or Zoning Administrator) in a
pre-application conference no later than one (1) calendar week prior to the date the application is
due. The purposes of this conference are to provide additional information regarding the review
process and assistance in the preparation of the application. 
(2)
Application. Each application for a Variance shall be submitted along with the appropriate fee and
site plan, to the Administrator on or before the first business day of the month. Applications may
be modified by the Administrator as necessary, who may require the applicant to supply additional
information pertaining to the Variance. Incomplete applications must be resubmitted on or before
the first business day of the month or will not be processed until the preceding month.
(3)
Review Schedule. Applications for a Variance have a 45 day processing period for notification
requirements and review by the Administrator (and, if necessary the Technical Review Committee
(TRC)) prior to the public hearing.
(4)
Fees. Any review fee established by the Board of Commissioners shall be submitted with the
application.
C.
Staff Review. The Administrator shall process and review all applications for Variances. The Administrator
may present the application to the TRC for its comments and recommendations and may forward the
application on to the appropriate departments and agencies for their review. The Administrator shall also
prepare a staff recommendation for the ZBA on the application for a Variance.
D.
Formal Review. Prior to taking any action on a Variance, the ZBA shall consider the Administrator’s
recommendation on the Variance.
E.
Public Hearing. Prior to considering a variance application the ZBA shall hold a public hearing on the
application in accordance with §42-371 (Quasi-Judicial Process Standards).
F.
Public Notification. Public notification of such hearing shall comply with the provisions of §42-371 (Quasi-
Judicial Process Standards). The Administrator shall be responsible for all necessary public notifications. 
G.
Quasi-Judicial Proceeding. The concurring vote of four-fifths (4/5) of the ZBA shall be necessary to grant a
Variance. Any approval or denial of the request must be in writing and permanently filed with the office of
the ZBA and with the Administrator as public record. 
(1)
Standards of Review. The ZBA shall not grant a Variance the effect of which would be to: (1)
allow the establishment of a use not otherwise permitted in a general use district, (2) extend
physically a nonconforming use of land or (3) change the district boundaries shown on the Official
Zoning Map. No Variance shall be granted or considered where the fact that the property could be
used more profitably is the reason for the request for the Variance. The following written findings
must be made in order for the ZBA to grant a Variance
a.
There are practical difficulties or unnecessary hardships in carrying out the strict letter of
this Chapter, as demonstrated by:
1.
The fact that, if the applicant complies with the literal terms of this Chapter,
he/she cannot secure a reasonable return from, or make a reasonable use of, the
property.
2.
The hardship of which the applicant complains results from unique
circumstances related to the applicant’s land.
3.
The hardship is not the result of the applicant’s own action.
b.
The Variance is in harmony with the general purpose and intent of this Chapter and will
preserve its spirit.
c.
The Variance will secure the public safety and welfare and will do substantial justice.
  
d.
The Variance shall not be based on the existence of a nonconforming use of neighboring
land or structures in the same district, or permitted nonconforming uses in other districts,
and shall in no way constitute a reason for the requested Variance.
e.
The Variance shall not allow for an increase in density for the purposes of subdividing
the land that would otherwise not be permitted by the applicable zoning district or
subdivision regulations.
(2)
Conditions. The ZBA may, in granting a Variance, prescribe: (1) additional conditions; (2)
additional safeguards; (3) a time limit within which the action for which a Variance is sought shall
be begun; (4) a time limit within which the action for a Variance is sought shall be completed; and
(5) a time duration within which construction, operation or installation shall commence on the
project for which the Variance was obtained. 
H.
Variance Validity. Upon issuance of a Variance, the applicant shall have 12 months within which (unless
otherwise specified by the ZBA) to commence construction, operation or installation. If construction,
operation or installation is commended within the specified time period the Variance shall continue in force
as long as the structure, operations or installation remains. 
(1)
Variance Revocation. If construction or operation is not commenced within 12 months (or other
specified time period), the Variance shall no longer be valid.