Article 5. Exceptions to Code Standards

Chapter 5.1
ADJUSTMENTS AND VARIANCES

Sections:

5.1.100    Adjustment – Purpose.

5.1.200    Adjustment – Procedure.

5.1.300    Adjustment – Review criteria.

5.1.400    Variances – Purpose.

5.1.500    Variance – Procedure.

5.1.600    Regulations which may and may not be varied.

5.1.700    Variance – Review criteria.

5.1.800    Appeals of adjustment and variance decisions.

5.1.100 Adjustment – Purpose.

The adjustment review process provides a mechanism by which the director may make limited modifications to the application of regulations in the development code. Adjustment reviews provide limited flexibility for unusual situations, while continuing to provide certainty and rapid processing for land use applications. Requests for changes from a numerical development standard of 10 percent or less of the standard are processed as “adjustments.” Requests for changes to standards which are not numeric or which are for more than 10 percent of the standard are processed as “variances.” (Ord. 08-06 § 3, 2008)

5.1.200 Adjustment – Procedure.

Adjustment requests are processed through a Type II procedure using the review criteria listed in SDC 5.1.300 in addition to the applicable requirements contained in Chapter 4.1 SDC. (Ord. 08-06 § 3, 2008)

5.1.300 Adjustment – Review criteria.

All adjustment requests will be approved if the director finds that the applicant has shown that the following criteria have been met:

A. The requested adjustment is for 10 percent or less of the numerical development standard;

B. The need for the requested adjustment is created by the configuration of an existing or proposed structure on the site;

C. The need for the requested adjustment is created by the configuration of the existing lot boundaries or topography of the site;

D. The design and operating characteristics of the proposed structure are reasonably compatible with the placement of surrounding development and land uses, and any negative impacts have been sufficiently minimized; or

E. If more than one adjustment is being requested, the cumulative effect of the adjustments will result in a project which is still consistent with the overall purpose of the applicable zoning district. (Ord. 08-06 § 3, 2008)

5.1.400 Variances – Purpose.

This section provides standards and procedures for variances, which are modifications to land use or development standards that are not otherwise permitted elsewhere in this code as exceptions to code standards. This code cannot provide standards to fit every potential development situation. The city’s varied geography, and complexities of land development, require flexibility. This chapter provides that flexibility, while maintaining the purposes and intent of the code. The variance procedure provides relief from specific code provisions when they have the unintended effect of preventing reasonable development in conformance with all other codes. The variance procedure is intended to provide flexibility while ensuring that the purpose of each development standard is met. Variances are necessary when the applicant requests a deviation from numerical standards of more than 10 percent, or a variance from nonnumerical development standards. (Ord. 08-06 § 3, 2008)

5.1.500 Variance – Procedure.

A variance is processed as a Type III procedure using the review criteria listed in SDC 5.1.700 in addition to the applicable requirements contained in Article 4. (Ord. 08-06 § 3, 2008)

5.1.600 Regulations which may and may not be varied.

A. Unless listed in subsection (B) of this section, all regulations in this code may be modified using the variance process.

B. Variances are prohibited for the following items:

1. To allow a primary or accessory use that is not allowed within the zoning district.

2. As an exception to any restrictions on uses or development which contain the word “prohibited.”

3. As an exception to a threshold for a review, such as the size of accessory structures.

4. As an exception to a definition or classification.

5. As an exception to the procedural steps of a procedure or to change assigned procedures. (Ord. 08-06 § 3, 2008)

5.1.700 Variance – Review criteria.

The city shall approve an application for a variance if the review body finds that the applicant has shown that all of the following criteria have been met:

A. The proposed variance will not be materially detrimental to the purposes of this code, to any other applicable policies and standards, and to other properties in the same zoning district or in the vicinity;

B. A hardship to development exists that is peculiar to the lot size or shape, topography, wetlands, floodplains, or other similar circumstances related to the property over which the applicant has no control, and that are not applicable to other properties in the vicinity;

C. The use proposed will be the same as permitted under this title and city standards will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land;

D. Existing physical and natural systems, such as but not limited to traffic, drainage, natural resources, and parks will not be adversely affected any more than would occur if the development occurred as specified by the subject code standard;

E. The hardship is not self-imposed; and

F. The variance request is the minimum variance that would alleviate the hardship. (Ord. 08-06 § 3, 2008)

5.1.800 Appeals of adjustment and variance decisions.

Appeals of adjustment and variance decisions shall be processed in accordance with the provisions of Chapter 4.1 SDC, as applicable. (Ord. 08-06 § 3, 2008)