12. VARIANCES

12.1. Deciding Body: Planning& Zoning Commission.

12.2. Applicability:  A variance is a modification of the bulk and placement requirements of this ordinance as to:

1. setbacks related to front yard, side yard, and/or rear yard

2. parking space(s)

3. structure height

4. other provisions herein affecting the size of a structure or the placement of the structure on lots or parcels.

12.3. Duration of Permit: Variance permits run with the land to which they attach, and continue in effect for the life of the variance established.

12.4. Administration:

12.4.1. Applicant: Applications for variance will be made on forms provided by the administrator, and may be processed singly or simultaneously with the appropriate development permit for the use proposed. It is the responsibility of the applicant to provide sufficient detail, data and documentation so as to demonstrate to the planning and zoning commission that the variance requested meets the provisions established herein.

12.4.2. Administrator: On receipt of a completed application for variance and applicable fee, the administrator will schedule public hearing on the next available agenda of the planning and zoning commission, allowing for public notification. At least one week prior to the scheduled hearing, the administrator will mail copies of the application and supporting documentation and any written comment received to members of the planning and zoning commission. This mailing will also include a staff analysis that will, at minimum:

12.4.2.1. Describe specifics of the site, to include parcel number, legal description, parcel size, zone district designation, surrounding zone district designations and surrounding land uses.

12.4.2.2. Identify any overlay, hazardous or special areas or sites affected by the proposed use.

12.4.2.3. Include a listing of provisions of this ordinance applicable to the variance being sought.

12.4.2.4. Describe the variance proposed

12.4.2.5. Include the list of options available to the planning and zoning commission in rendering a decision.

12.4.3. Planning and Zoning Commission: The planning and zoning commission will hold public hearing on applications for variance and, based on materials in the application, the staff analysis and testimony presented during the public hearing process, hold discussion to render reasoned findings to support a decision.

12.4.4. Considerations including but not limited to:

12.4.4.1. Whether the parcel is unsuited for uses that would otherwise be allowed in the zone district because of special circumstances of the property, such as its dimensions, topography or features.

12.4.4.2. Whether denial of the variance could infringe on the rights of the property owner or could constitute a taking of private property rights. (Refer to Comprehensive Plan, Sections 1.6., and 1.10.)

12.4.4.3. Whether the variance will infringe on the property rights of neighboring property owners. (Refer to Comprehensive Plan Section 13.5.)

12.4.4.4. Whether the variance is the result of something caused by the applicant.

12.4.4.5. Whether the variance is the minimum accommodation needed to provide the requested use.

12.4.4.6. Whether granting the variance could confer special privilege to the property owner.

12.4.4.7. Whether the variance confers on the property conditions that have been granted to other properties similarly situated.

12.4.4.8. Whether the variance will alter the character of the zone district. (Refer to Comprehensive Plan, 1.9.)

12.4.4.9. Whether the variance is in harmony with the general purpose and intent of this ordinance and the Comprehensive Plan (See 1.3. Purpose, Comprehensive Plan Vision Statement).

12.4.5. Terms and Conditions: In considering approval of an application to establish a variance, the planning and zoning commission may consider the imposition of terms and conditions as a means of eliminating or mitigating potential adverse effects or to provide for public safety. Such terms and conditions may, but are not limited to:

12.4.5.1. Establish time frame(s) for development/completion.

12.4.5.2. Change the value of the measurement for which the variance seeks relief.

12.4.6. Decision: Based on the findings developed, the planning and zoning commission may:

12.4.6.1. Approve: Approve the variance and direct staff to prepare written findings and decision. At the discretion of the planning and zoning commission, final action may be tabled until the next regular meeting to allow review and approval of the findings and decision. For tolling appeal, approval of the variance will be effective on the date the chairman signs the findings and decision.

12.4.6.2. Deny: Deny the application for cause, directing staff to draft written findings and decision, to include steps the applicant might take to gain approval and rights of appeal. At the discretion of the planning and zoning commission, final action may be tabled until the next regular meeting to allow review and approval of the findings and decision. For tolling appeal, approval of the variance will be effective on the date the chairman signs the findings and decision.

12.4.7. Simultaneous Application: When considering a variance application submitted simultaneously with another development permit application, the variance will be decided and approved before consideration is given to other applications.