§ 86-163. Variances.

(a)

When issued. The board of commissioners may authorized, upon appeal in individual cases, variances from the terms of this article as will not be contrary to the public interest. Variances will only be issued in cases where, owing to special conditions, a literal enforcement of the provisions of this article will result in unnecessary hardship. Such variance may be granted in individual cases of practical difficulty or unnecessary hardship only upon a finding by the board of commissioners that all of the following conditions exist:

(1)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography;

(2)

The application of this article to the particular piece of property would create an unnecessary hardship;

(3)

Relief if granted, would not cause substantial detriment to the wetlands of the county or impair the purposes and intent of this article;

(4)

The special circumstances surrounding the request for a variance are not the result of acts by the applicant;

(5)

The variance is not a request to permit a use of land, buildings or structures that is not permissible in the district involved; and

(6)

The variance will not result in an increase of the impervious surface development beyond the prescribed 25 percent requirement established in section 86-134(b)(3).

(b)

Conditions. The board of commissioners may, as a condition of the variance to certain provisions of this article, require that alternative measures be taken by the applicant such that the purposes of this article may be achieved through alternative means.

(Ord. of 9-23-1999(10), § VI(N); Ord. of 4-26-2001)