Chapter
IV - Section 35.9
Standards Governing the Approval or Disapproval
of a Petition for Use Variance
The Planning
Commission may recommend approval or disapproval of a petition for
a use variance to the Board of County Commissioners. The Board of
County Commissioners may either approve or disapprove a petition for
a use variance. As a minimum, all actions shall be based upon standards
set forth in this Code. The power of the Board of County Commissioners
to vary the provisions of these Zoning Regulations is permissive,
not mandatory, and shall not be exercised in such a way as to frustrate
the scheme or intent or the Zoning Regulations. The power to grant
variances shall be exercised sparingly and in exceptional situations
where the strict application of any of the provisions of these Zoning
Regulations would result in peculiar and exceptional practical difficulties
or undue hard-ship upon either the owner or the contract purchaser
of the property.
