CHAPTER 9: VARIANCES
Section 1: General: Variances are special grants of relief from any specific provision of this ordinance provided:
A. Special circumstances of the property, including the shape, size, topography, location or surroundings of the property make it unsuited for uses established in the zone district in which it lies.
B. The variance request does not constitute a grant of special privilege inconsistent with limitations placed on similarly situated properties in the same zone district.
C. The variance requested will not be materially detrimental to the public welfare or injurious to property or improvements in the vicinity.
Section 2: Variance for Waiver of Violation: In the event that a building, structure or use is erected or established in good faith and with intent to comply with the provisions of this ordinance, and is later determined not to comply, the planning and zoning commission may grant a variance for waiver of violation. In granting a variance for waiver of violation, the commission may:
A. Grant a variance from required setback, lot size or other such specific provision as may eliminate the violation.
B. Impose conditions or restrictions upon the variance as will assure that further violations do not occur or to prevent or abate any nuisance which may be imposed.
Section 3: Applications for Variance
A. Applications for variance will be made on forms provided by the zoning administrator and will include:
1. A description of the variance being sought.
2. A site plan showing property boundaries and the location of structures, access, parking and other details necessary to reflect the nature of the variance sought.
3. An application fee as established at Chapter 17.
B. Upon receipt of a completed application for variance, the zoning administrator shall schedule a public hearing on the next available regular meeting agenda of the planning and zoning commission, allowing for public notification established at Chapter 16.
C. The commission shall conduct a public hearing on the application in accordance with the procedures set forth at Chapter 16.
D. Upon completion of the public hearing, the commission may:
1. Approve the application.
2. Approve the application with conditions.
3. Table the application pending modifications or receipt of additional information.
4. Deny the variance application. If the commission denies the variance application, the applicant shall be provided the reasons for denial, in writing, and actions, if any, which could be taken to obtain approval. In the event of denial, the applicant has the right of appeal pursuant to the provisions of Chapter 11 of this ordinance.