(A) General. The City Council may grant variances from the provisions of these regulations, but only after determining that:
(1) There are unique circumstances or conditions affecting the property;
(2) The variance is necessary for the reasonable and acceptable development of the property in question;
(3) The granting of the variance will not be detrimental to the public welfare or injurious to adjacent property;
(4) The variance will not permit or encourage uses contrary to the zoning regulations.
(B) Conditions. In approving variances, the City Council may require such conditions as will, in its judgement, secure substantially the objectives of the standards or requirements of these regulations.
(C) Procedures. A petition for any such variance shall be submitted in writing by the subdivider at the time when the preliminary plat is filed for the consideration of the City Council. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
(Prior Code, § 16-10-5)
Statutory reference:
Related provisions, see SDCL Chapter 11-3, Chapter 11-4