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May 19, 2022 <br />8 <br /> <br />Section 2.05 Variance <br />(a) Certain circumstances may exist or arise wherein an unnecessary hardship is created <br />through strict adherence to the provisions of this Ordinance. Hereinafter are provisions <br />for the granting of a variance to adjust the application or enforcement of any provision of <br />this Ordinance, so that the public welfare is secured, and substantial justice can be done <br />to those so affected. <br />(b) Application and Procedure. <br />1. An application for a variance shall be made on a form provided by the County Planner. <br />Requests for more than one variance for the same project on the same property may be <br />filed on a single application and charged a single fee. <br />2. The completed application and fee as set by the Board of County Commissioners shall be <br />submitted to the County Planner. <br />3. No part of any such fee shall be refundable after an application is filed and such fee paid. <br />4. An application is not considered complete until such fee has been paid. <br />5. After the County Planner determines that the application is complete, the completed <br />application shall be transmitted to the Planning Commission and the Board of County <br />Commissioners. <br />6. The County Planner shall set a Planning Commission hearing date, publish notice thereof as <br />provided for in this Ordinance, and notify all parties of interest. Public notice of the hearing <br />shall be placed in the official County newspaper and any newspaper of general circulation in <br />the County at the discretion of the County Planner or the Planning Commission for two <br />successive weeks prior to the date of the hearing. <br />7. Written notice shall be mailed to all property owners with property within 5,280 feet of the <br />subject property at least 15 days prior to the hearing. Where the subject property abuts a <br />right-of-way, the 5,280-foot measurement shall be in addition to this right-of-way along the <br />abutting side. <br />8. The Planning Commission shall conduct a public hearing on the variance application. At that <br />hearing, the Commission shall review the particular facts and circumstances of the situation <br />and develop findings and conclusions. <br />9. When considering a variance application, the Planning Commission may recommend such <br />conditions as are, in its judgment, necessary to promote the general provisions of this <br />Ordinance. <br />10. The Planning Commission shall make a decision by motion. It shall take the affirmative vote <br />of a majority of the Planning Commissioners present to recommend approval of a variance. <br />An affirmative vote by the Planning Commission shall mean that the Planning Commission <br />recommends the Board of County Commissioners approve the requested variance. Any <br />conditions included in the Planning Commission’s affirmative vote are a part of the Planning <br />Commission recommendation. <br />11. The County Planner shall set a Board of County Commissioners hearing date, publish notice <br />thereof as provided for in this Ordinance, and notify all parties of interest. Public notice of <br />the hearing shall be placed in the official County newspaper and any newspaper of general <br />circulation in the County at the discretion of the County Planner or the Board of County <br />Commissioners for two successive weeks prior to the date of the hearing.