A Variance permits
exceptions to zoning rules. It is a special request to waive or alter the
normal requirement of a zoning district. Variances may be obtained for
building setback, height, or coverage restrictions. Variances may not be
granted for density or intensity increase. A Variance may only be granted
when special circumstances are found which justify the waiving or the normal
standards.
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The following three findings must be made before a Variance can
be granted. |
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A hardship due to the parcel (e.g., size, shape, topography or
location) exists with this property. |
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Such a Variance is necessary for the preservation and enjoyment of
substantial property rights possessed by other properties in the area and
would not constitute a special privilege to the recipient not enjoyed by
neighbors. |
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Authorizing this Variance will not be of substantial detriment to
adjacent property and will not materially impair the purposes of this
ordinance or the public interest. |
A Variance requires approval by the Zoning Administrator
or
Planning Commission
at a public hearing in which all adjacent property owners within 300 feet
received mailed notices. A Variance takes an average of one month from
receipt of a complete application to action. The action of the Zoning
Administrator may be appealed to the Planning Commission and from the
Planning Commission to the City Council.
For further information on
Variances, see
CHAPTER 38 Article 22,
Use Permits; Variances of the Zoning Ordinance. (READ
DISCLAIMER)
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