The purpose of a variance is to provide relief when a strict
application of the zoning requirements would impose unnecessary hardships
resulting from the size, shape, or dimensions of a site or the location
of existing structures thereon; or from geographic, topographic, or
other factors listed below. Reasonable conditions may be imposed in
connection with a variance as deemed necessary to protect the best
interests of the surrounding property or neighborhood, and otherwise
secure the purpose and requirements of this chapter. Guarantees and
evidence may be required that such conditions will be met.
Variances to a quantitative requirement of this Code may be
granted only if, on the basis of the written application, investigation,
and evidence submitted by the applicant, findings of fact are made
by the zoning administrator (for Class 1 applications) or Planning
Commission (for Class 2 applications) that satisfy the criteria of
subsections A through F of this section. Prior variances allowed in
the neighborhood shall not be considered by the granting authority
in reaching its decision. A determination of whether the standards
set forth in this section are satisfied necessarily involves the balancing
of competing and conflicting interests. Each request shall be considered
on its own merits.
A.
The
hardship was not created by the person requesting the variance;
B.
The
request is necessary to make reasonable use of the property. There
will be an unreasonable economic impact upon the person requesting
the variance if the request is denied;
C.
The
request will not substantially be injurious to the neighborhood in
which the property is located. The variance will not result in physical
impacts, such as visual, noise, traffic or increased potential for
drainage, erosion and landslide hazards, beyond those impacts that
would typically occur with development in the subject zone;
D.
The
request is not in conflict with the Comprehensive Plan;
E.
The
request is not in conflict with the Development Code. No variance
may be granted which will result in a use not permitted in the applicable
zone or which will increase the allowable residential density in any
zone with the exception of individual lot size reduction; and
F.
Physical
circumstance(s) related to the property involved preclude conformance
with the standard to be varied.
A.
Class
1 variances include minor variances that are small changes from the
applicable Code requirements and which will have little or no effect
on adjacent property or users. Administrative approval by the zoning
administrator for Class 1 variances may be granted using a Type II
procedure. Class 1 variances are limited to:
B.
Class
2 variances include variances that are significant changes from the
applicable Code requirements and have the potential for creating impacts
on adjacent property or users. A Class 2 variance shall be granted
by the Planning Commission using a Type III procedure. Class 2 variances
include, but are not limited to:
C.
The
Zoning Administrator shall decide the classification of any variance
application.
