Getting a variance from zoning rules

Authority. The Planning Commission may grant Variances from the provisions of this Chapter only in particular cases as set forth in this Article.Standards. Variances from the terms of this Chapter shall be granted only if it is found that because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the regulations deprives the property of privileges enjoyed by other property in the vicinity and within the same District, and the applicant shows that he or she cannot make a reasonable use of the property if the regulations are applied. Where these conditions are found, the Variance permitted shall be the minimum departure from existing regulations necessary to avoid the deprivation of privileges enjoyed by other property and to facilitate a reasonable use, and which will not create significant probabilities of harm to property and improvements in the neighborhood or of substantial harmful environmental consequences. Financial hardship to the applicant is not a permissible basis for the granting of a Variance. In no case may a Variance be granted that will provide the applicant with any special privileges not enjoyed by other properties in the vicinity. The Planning Commission shall indicate the particular evidences that support the granting of the Variance.Application. An application for a Variance may be filed by any person authorized to file an application for a Zoning Permit under Sec. 8-3.1(b). The application, wherever feasible, shall be filed together with the application for the required Zoning Permit and a single application shall be used for both permits in those cases. The application shall contain the information required pursuant to Sec. 8-3.1(b) and other information justifying the issuance of the Variance.Fees. A non-refundable fee of $300 shall accompany the application for the Variance, except that filing and processing fees shall be exempted as follows:A Variance Permit application for a housing project or portions of housing projects that are developed to be affordable to low-income households as determined by the Housing Director or authorized representative of the County Housing Agency shall be exempt from the filing and processing fee required in Subsection (d), provided such projects conform to applicable provisions of the County's affordable housing program.A Variance Permit application for a housing project or portions of housing projects that are developed to be affordable to gap-group households as determined by the Housing Director or authorized representative of the County Housing Agency shall be exempt from 1/2 of the filing and processing fee required in Subsection (d), provided such projects conform to applicable provisions of the County's affordable housing program.Procedure.The procedure established in Sec. 8-3.1(f) for a Class IV Zoning Permit shall be followed.Upon findings of the Planning Commission that a Variance may be granted consistent with the requirements of this Article, the Variance shall be issued to the applicant on such terms and conditions, and for such period of time, as the facts may warrant. The Planning Commission shall append conditions that achieve a substantial equivalent or alternative to the regulation from which the Variance is sought.When a Variance is denied by the Planning Commission, an application for a Variance involving the same or substantially similar construction, development, use or activity may not be filed sooner than six months following the denial.