Pursuant to Title 15A of this code, Project permit application
process, the administrator, upon receiving a properly filed application
or petition, may permit and authorize a variance from the requirements
of this title only when unusual circumstances cause undue hardship
in the application of it. The granting of such a variance shall be
in the public interest. A variance shall be made only when all of
the following conditions and facts exist:
1.
Unusual
circumstances or conditions applying to the property and/or the intended
use that do not apply generally to other property in the same vicinity
or district, such as topography;
2.
Such
variance is necessary for the preservation and enjoyment of a substantial
property right of the applicant possessed by the owners of other properties
in the same vicinity or district;
3.
The
authorization of such variance will not be materially detrimental
to the public welfare or injurious to property in the vicinity or
district in which the property is located;
4.
That
the granting of such variance will not adversely affect the realization
of the comprehensive development pattern. A variance so authorized
shall become void after the expiration of one year if no substantial
construction has taken place. "Substantial construction" shall be
defined as the completion and approval of one or more building inspections
in accordance with the International Residential Code Section R109
and the International Building Code Section 110. The Director is authorized
to grant up to three (3) extensions, not to exceed 365 days per extension.
Extensions shall be requested in writing prior to permit expiration
and shall demonstrate for why substantial construction could not take
place;
5.
Pursuant to Title 15A of this code, the Hearing Examiner, upon receiving a properly filed appeal to an administrative determination for approval or denial of a variance, may permit and authorize a variance from the requirements of this title only when unusual circumstances cause undue hardship in the application of it. The granting of such a variance shall be in the public interest. A variance shall be made only when all of the conditions and facts identified within subsections A through D of this section are found by the Hearing Examiner to exist.
(Res. 83-10, 1983; Ord. 96-19 (part), 1996; Ord. 2012-009, 2012; Ord. 2022-017, 2022)