Chapter 11-21
VARIANCES
Sections:
Article 1. Procedure
Article 1. Procedure
11-21-010 Intent.
Variances are intended to resolve practical difficulties or unusual physical hardships that may result from the size, shape, or dimensions of a site or the location of existing structures thereon, from geographic, topographic or other physical conditions on the site or in the immediate vicinity or from street locations or traffic conditions in the immediate vicinity of the site, or if the strict application of this Title will deprive such property of privileges enjoyed by other properties in the vicinity and under identical zone classification. Such a variance shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute the grant of a special privilege, except as indicated below, inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated. Upon application in proper form, such variances may be granted as will not be contrary to the general intent of this Title or the public interest.
11-21-020 Procedure.
Upon application pursuant to this Title, the Planning Commission shall hear and approve, approve with conditions, or disapprove a variance. The Planning Commission may impose such reasonable conditions as it finds necessary to meet the interest of this Title and the special circumstances of the case.
11-21-030 Findings.
The following findings are required for a variance:
(A) That there are special circumstances applicable to the subject property, or to the intended case, including a requirement to comply with ADA standards as determined by the Building Official, which do not generally apply to other property in the same vicinity and under identical zone classifications;
(B) That the special circumstances relate to the property or use, not the financial or other personal condition of the applicant, with the exception of a disability as determined by the building official, nor to any self-imposed condition on the property that is the result of actions taken by the present owner or his predecessor;
(C) That the granting of a variance shall not constitute a grant of special privilege inconsistent with the limitations upon other property in the vicinity and same zone classification;
(D) That the result would not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.
Legislative History: Ord. 2007-03 (2/20/07).