411-10. Variances.
(a) The Board of Supervisors, upon the recommendation of the Planning Commission, may grant adjustments or variances in the strict application of the provisions of this chapter in cases in which the strict application of such provisions would result in the impairment of substantial property rights.
(b) Application for any adjustment or variance permissible under the provisions of this section shall be made to the Planning Commission and shall include application for a permit to erect or place the building, structure or other improvement.
(c) Upon receipt of any such application the Planning Commission shall hold at least one (1) public hearing thereon, notice of which shall be given by one (1) publication in a newspaper of general circulation in said County within the ten (10) days next preceding the date of said hearing.
(d) At said hearing the applicant shall present a statement and adequate evidence, in such form as the Planning Commission may require showing:
(1) That there are special circumstances or conditions attaching to the property upon which the proposed building, structure or other improvement is sought to be erected or placed.
(2) That the granting of the application is necessary for the preservation and enjoyment of substantial property rights.
(e) The Planning Commission shall thereupon make its recommendation on the said application to the Board of Supervisors. In recommending the granting of an adjustment or variance under the provisions of this section, the Planning Commission shall designate such conditions as will, in its opinion, result in the adjustment or variance causing the minimum possible interference with the purposes of this chapter and with the ultimate accomplishment of the objectives of the Streets and Highways Plan. In reporting its recommendation to the Board of Supervisors, the Planning Commission shall report its findings with respect thereto and all facts in connection therewith and shall specifically and fully set forth any adjustment or variance which is recommended and the conditions designated in connection therewith.
(f) Upon receipt of such report the Board of Supervisors shall by resolution make its decision upon the aforesaid application. If such decision shall approve the granting of an adjustment or variance, the permit applied for shall be issued, subject to the conditions designated by the Planning Commission and subject to all other provisions of law. In all cases in which adjustments or variances are granted under the provisions of this section, the board of Supervisors shall require such evidence and guarantees it may deem necessary to assure compliance with the terms and conditions of the variance. (Ord. 567, § 10, 6/21/1966)