CHAPTER 19
VARIANCES

SECTION:

9-19-1: Definition

9-19-2: Authority To Grant

9-19-3: Application

9-19-4: Supplementary Conditions And Safeguards

9-19-5: Public Hearing

9-19-6: Action By Commission

9-19-7: Appeal Of Commission Action

9-19-8: Appeal To Governing Board

9-19-9: Variance Issued

9-19-10: Review By Governing Board

9-19-1: DEFINITION:

A "variance" is a modification of the requirements of this title as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings or other title provisions affecting the size or shape of a structure or the placement of the structure upon lots or the size of lots and public ways. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon a showing of undue hardship because of characteristics of the site and the variance is not in conflict with the public interest. (1974 Code § 4-2001)

9-19-2: AUTHORITY TO GRANT:

The commission may authorize, in specific cases, such variance from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title would result in unnecessary hardship. No nonconforming use of neighboring lands, structures or buildings in the same district, and not permitted or nonconforming use of lands, structures or buildings in other districts, shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this title would result in unnecessary hardship or the loss of a building or site that is on a national, state or local register of historic places or sites. (1974 Code § 4-2002)

9-19-3: APPLICATION:

A variance from the terms of this title shall not be granted by the commission unless and until a written application for a variance is submitted to the planning and zoning clerk and the commission containing:

   A.   Name, address and phone number of applicant;

   B.   Legal description of property;

   C.   Description of nature of variance requested;

   D.   A narrative statement and documentation demonstrating that the building or site is on a national, state or local register of historic places or sites or that the requested variance conforms to all the following standards, that:

      1.   Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district;

      2.   A literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title;

      3.   Special conditions and circumstances did not result from the actions of applicant;

      4.   Granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures or buildings in the same district.

   E.   A variance shall not be granted unless the commission makes specific findings of fact based directly on the particular evidence presented to it which support conclusions that the above mentioned standards and conditions have been met by the applicant. (1974 Code § 4-2003)