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ARTICLE 8: VARIANCES

SECTION 802 CIRCUMSTANCES FOR GRANTING A VARIANCE

A. Variances which relate to the following provisions of this Ordinance may be granted.

1) Placement of a structure on a parcel relative to required setbacks.

2) Situations based on preexisting lot size, unusual lot shape or topography, or physical circumstances over which the owner of the property since enactment of this Ordinance has had no control.

B. No Variance shall be granted to allow the use of a property for a purpose not authorized within the zone in which the property is located.

C. No Variance shall be granted to allow creation of parcels below the minimum lot size required in the zone except as provided in Section 802(A)(2).

D. A Variance may be granted only in the event that all of the following circumstances exist.

1) Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity.

2) The Variance is necessary for the preservation of a property right of the applicant substantially the same as owners of other property in the same zone or vicinity possess.

3) The Variance would not be materially detrimental to the purposes of this Ordinance or to property in the same zone or vicinity in which the property is located or otherwise conflict with the objectives of the County's Plan or policies.

4) The Variance requested is the minimum Variance which would alleviate the hardship.