All applicable provisions of Section 14-16-6-4 (General Procedures) apply unless specifically modified by the provisions of this Subsection 14-16-6-6(O) or the DPM.
This Subsection 14-16-6-6(O) applies to all requests for Variances from an IDO standard except the following:
6-6(O)(1)(a) Variances to IDO standards requested in applications for a Site Plan - EPC, which require a Variance - EPC pursuant to Subsection 14-16-6-6(N).
6-6(O)(1)(b) Variances to standards in Subsections 14-16-3-6(D)(4) (Setback Standards) or 14-16-3-6(D)(5) (Building and Structure Height) in the Coors Boulevard - VPO-1, which require a Variance - EPC pursuant to Subsection 14-16-6-6(N).
6-6(O)(1)(c) Variances to standards in Subsection 14-16-3-6(E)(3) (Building and Structure Height) in the Northwest Mesa Escarpment - VPO-2, which require a Variance - EPC pursuant to Subsection 14-16-6-6(N).
6-6(O)(2)(a) A Variance - ZHE may not be granted until after any necessary Conditional Use Approvals are obtained pursuant to Subsection 14-16-6-6(A).
6-6(O)(2)(b) All applications in an HPO zone or on a property or in a district listed on the State Register of Cultural Properties or the National Register of Historic Places shall be referred for review and comment by the Historic Preservation Planner pursuant to Subsection 14-16-6-5(B) (Historic Certificate of Appropriateness - Minor).
An application for a Variance - ZHE shall be approved if it meets all of the following criteria.
1. There are special circumstances applicable to a single lot that are not self-imposed and that do not apply generally to other property in the same zone district and vicinity, including but not limited to size, shape, topography, location, surroundings, physical characteristics, natural forces, or by government actions for which no compensation was paid. Such special circumstances of the lot either create an extraordinary hardship in the form of a substantial and unjustified limitation on the reasonable use or economic return on the property, or practical difficulties result from strict compliance with the minimum standards.
2. The Variance will not be materially contrary to the public safety, health, or welfare.
3. The Variance does not cause significant material adverse impacts on surrounding properties or infrastructure improvements in the vicinity.
4. The Variance will not materially undermine the intent and purpose of this IDO, the applicable zone district, or any applicable Overlay Zone.
5. The Variance approved is the minimum necessary to avoid extraordinary hardship or practical difficulties.
An application for a Variance - ZHE from a standard in Section 14-16-3-3 (Airport Protection Overlay Zone) shall be approved for a structure or vegetation within the Air Space Protection Sub-area, excluding the Runway Protection Sub-area, if it meets the criteria in Subsection (a) above and all of the following criteria.
a. The request meets the requirements of this Subsection 14-16-6-6(O).
b. The ZHE determines that the request will not cause an increase of minimum requirements for instrument or night flying, or will not otherwise cause or create a greater hazard to air navigation.
2. A Variance may be conditioned to require hazard marking and lighting pursuant to Subsection 14-16-3-3(F).
A Variance - ZHE to the maximum front yard parking area requirements in Subsection 14-16-5-5(F)(2)(a)2 shall be granted if it meets all of the criteria in Subsection (a) above and if each lot with low-density residential development within 330 feet of the subject property along the length of the street that property faces has no more than 1 on-street parking space. (See figure below for an illustration of this measurement.)
Notes
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