§ 152.079  VARIANCES.
   (A)   A variance from the setback and area requirements of this chapter and Ch. 155 of this code of ordinances may be granted when granting the variance would not result in adverse environmental effects and if the criteria for granting variances under § 155.026(C) of this code of ordinances can be met.
   (B)   Any person seeking a variance shall complete a variance application form and submit it to the Zoning Administrator.
   (C)   The matter shall be referred to the County Board of Adjustment for a public hearing. Notice of the public hearing shall be published in the official newspaper of the county at least ten days prior to the hearing. Notice of the hearing shall also be submitted to the governing bodies of all towns and municipalities within two miles of the affected property. In unincorporated areas of the county, property owners of record within one-quarter mile of the affected property or the ten properties nearest to the affected property, whichever is the greatest number of property owners, shall be notified in writing of the public hearing on the request for a variance. In incorporated areas of the county, property owners of record within 500 feet of the property in question shall be notified in writing of the public hearing on the request for a variance.
   (D)   The Board of Adjustment shall take action on the application within the time limits set out in M.S. § 15.99, as it may be amended from time to time. If the variance is granted, the Board may impose conditions it considers necessary to protect the public health, safety and welfare and such conditions may include a time limit for the use to exist or operate.
   (E)   A variance may not be granted that would allow any use that is prohibited in the zoning district in which the subject property is located.
   (F)   No application for a variance shall be resubmitted for a period of one year from the date that the request is denied, except the Board of Adjustment may allow a new application, if new evidence or a change in circumstances warrant it.
(Ord. 06-02, passed 4-4-2006)