§ 134-345. Variances.

(a)

There shall be no deviation from the terms of this article unless a variance has been granted by the board of zoning appeals of the county, or the board of commissioners. Variances from the provisions of this article may be applied for and granted in the same procedural manner as variances from this chapter, or via an action before the board of commissioners. For a variance to be granted from this article, each of the following must be shown:

(1)

No characteristics contrary to the public interest will be promoted. No resulting variance shall create an effect or condition contrary to the public safety and welfare. Relief shall not impair the purposes of this article.

(2)

A unique hardship is existing because of an extraordinary and exceptional condition pertaining to the particular piece of property in question because of a characteristic of its size, shape, topography or like characteristic. In the absence of the factors listed in the preceding sentence, economic or financial hardship alone may not be sufficient to support the grant of a variance.

(3)

The condition causing the hardship is unique and is not common to the region in general.

(b)

Request for variances regarding any part of this article or enforcement thereof shall specifically include reasons why the application should be granted.

(c)

Variance procedures shall apply both to signs which are nonconforming as of the effective date of the ordinance from which this article is derived and to new signs erected thereafter.

(d)

Decisions of the board of zoning appeals or board of commissioners shall be final, subject to such legal remedies an aggrieved party may have. Any appeal from a decision of the board of zoning appeals or board of commissioners must be filed within 30 days of the decision.

(Ord. of 1-9-90, § 14; Ord. of 2-25-92, § 14(C), (D); Ord. of 2-14-95, § 17; Amd. of 7-26-16)