Variance Approval Process | |
Step 1 | Applicant files application and fee with zoning official. |
Step 2 | Zoning official determines completeness of application. |
Step 3 | Staff review committee reviews application and makes recommendation. |
Step 4 | Zoning official gives notice of public hearing. |
Step 5 | Zoning board of adjustment holds public hearing and acts on application. |
Step 6 | If authorized, zoning official issues variance permit. |
A. Purpose: The zoning board of adjustment may authorize a variance from the strict application of these regulations where, owing to special conditions, a literal enforcement of these provisions will, in an individual case, result in unnecessary hardship. The granting of a variance shall not result in a substantial detriment to the public good, substantial impairment of affected natural resources or substantial impairment of the intent, purpose and spirit of these regulations.
B. Applicability: A variance may be granted where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of these regulations, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of the piece of property, the strict application of these regulations would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon, the property owner.
C. Application:
1. Staff Conference: Before an application is made, the applicant is encouraged to confer with the zoning official and the staff review committee to discuss, in general, the procedures and requirements for a variance request pursuant to these regulations.
2. Application: A property owner or designated representative shall initiate a variance request by filing an application with the zoning official and paying a variance request fee as established by the city council. Nonprofit organizations and public entities shall be exempt from fee payment.
3. Contents: A variance application shall include:
a. A site plan, as defined in section 9-5-4 of this chapter. The site plan shall include floor plans and an elevation and shall indicate clearly the nature and location of the requested variance. Specific requirements of site plan preparation may be waived by the zoning official if circumstances so require;
b. Evidence that the property was acquired in good faith and that because of the exceptional narrowness, shallowness or shape of the parcel at the time of the effective date of these regulations, or by reason of exceptional topographic conditions or other extraordinary or exceptional circumstances, the strict application of the terms of these regulations actually prohibits the practical use of applicant's property in the manner similar to that of other property owners in the zoning district where the property is located;
c. Evidence of the ability and intention of the applicant to proceed with actual construction in accordance with the submitted site plan after issuance of the variance. (Ord. 172, 9-24-1996, eff. 10-31-1996)
D. Reserved. (Ord. 382, 8-28-2007, eff. 9-20-2007)
E. Variance Review And Recommendation:
1. Required: Upon a determination of completeness, the zoning official shall forward copies of the variance application to the staff review committee, who shall review the variance request and make a recommendation to the zoning board of adjustment.
2. Criteria: The staff review committee shall consider the following criteria when making its recommendation to the zoning board of adjustment:
a. The variance requested arises from a condition or conditions which are unique to the property in question and which are not ordinarily found in the same zone or district; that the condition was not created by an action or actions of the property owner or applicant; and that the condition existed prior to enactment of these regulations;
b. The granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents;
c. The strict application of the provisions of these regulations would constitute unnecessary hardship upon the property owner;
d. The variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare;
e. The granting of the variance will not conflict with the general spirit and intent of these regulations.
3. Availability Of Recommendation: The staff review committee's recommendation shall be available to the applicant and the public at least two (2) business days prior to the hearing. (Ord. 172, 9-24-1996, eff. 10-31-1996)
F. Variance Approval:
1. Public Hearing: The zoning board of adjustment, upon receipt of the recommendation of the staff review committee and within sixty five (65) days of filing of the complete application, shall hold a public hearing on the variance request pursuant to section 9-4-7 of this title. (Ord. 382, 8-28-2007, eff. 9-20-2007)
2. Notice: Personal notice of the hearing shall be mailed pursuant to subsection 9-4-2B of this title to:
a. The applicant;
b. Each owner of real property located within five hundred feet (500') of the subject property;
c. If a mobile home park is located within three hundred feet (300') of the subject property, each tenant of the mobile home park (whose names are supplied to the zoning board of adjustment by the applicant); and
d. Any advisory board that has been established for the affected area by the city council.
3. Decision; Criteria: The zoning board of adjustment shall approve, conditionally approve or deny the application for a variance at the public hearing. If the zoning board of adjustment approves a variance application, or approves a variance application with conditions, the zoning board of adjustment shall make a determination as to each of the criteria listed in subsection E2 of this section and the findings shall be entered in the record.
4. Conditional Approval: If the zoning board of adjustment conditionally approves a variance application, the zoning board of adjustment may impose such conditions, safeguards and restrictions upon the premises benefited by the variance as may be necessary to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood, and to carry out the general purpose and intent of these regulations. The zoning board of adjustment, in approving a variance, shall impose (at a minimum) the following conditions:
a. Commencement of construction within one year and completion within two (2) years;
b. Conformance to plans approved as a part of the variance permit.
5. Variance Permit Issuance:
a. The zoning board of adjustment, in their resolution of approval, shall authorize the zoning official to issue a variance permit.
b. Upon approval by the zoning board of adjustment, the zoning official shall forward a letter of approval to the applicant and file a copy of the same with the city clerk.
G. Revocation Of Variance: Any variance granted under the authority of these regulations shall be subject to revocation pursuant to section 9-4-11 of this title for any or all of the following reasons:
1. If a variance authorized and granted under the provisions of this section is not actually established or the actual construction commenced on the principal buildings or structures involved within one year from the date of the variance approval, the approval shall be revoked;
2. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within one hundred eighty (180) days from the date of such permit, or if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days. Before such work can be commenced, a new permit shall be first obtained to do so;
3. If any use of land, building, structure or premises established under the provisions of this section has been discontinued for a period of one year, it is unlawful to again use such land, building or premises for such discontinued use until a subsequent variance permit is authorized and granted;
4. If a variance is conditionally approved, and any of the required conditions are not being fulfilled, the variance approval will be revoked. (Ord. 172, 9-24-1996, eff. 10-31-1996)
H. Appeal Procedure:
1. Time Limit: An appeal of a zoning board of adjustment decision may be made to the city council and shall be filed within fifteen (15) days of the zoning board of adjustment's denial of the request. (Ord. 382, 8-28-2007, eff. 9-20-2007)
2. Review Considerations: In reviewing the zoning board of adjustment's decision, the city council must be guided by the statement of purpose underlying the regulation of land improvement contained in Nevada Revised Statutes section 278.020, which is as follows:
a. For the purpose of promoting health, safety, morals or the general welfare of the community, governing bodies of cities and counties are authorized and empowered to regulate and restrict the improvement of land and to control the location and soundness of structures;
b. Any such regulation, restriction and control shall take into account the potential impairment of natural resources and the total population which the available natural resources will support without unreasonable impairment. (Ord. 172, 9-24-1996, eff. 10-31-1996)