Skip to main content
Loading…
This section is included in your selections.

A. The city may approve or approve with modifications an application for a variance from the provisions of this code only if by preponderance of evidence, the applicant demonstrates that all of the following criteria are met:

1. The variance will not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone of the site;

2. The variance is necessary because of the unique size, shape, topography, or location of the site;

3. The site is deprived, by the provisions of this code, of rights and privileges enjoyed by other properties in the vicinity and same zone as the site;

4. The variance is the minimum necessary to provide the site with those rights and privileges;

5. The need for the variance is not the result of deliberate actions of the applicant or property owner;

6. Granting of the variance will not be materially injurious to the property or improvements in the vicinity and zone in which the site is located;

7. The variance is not inconsistent with the intent and purpose of the provision being varied.

B. Conditions for Granting. In authorizing the variance, the decision maker may attach any conditions that it deems to be necessary or desirable in order to carry out the intent and purposes of this chapter and in the public interest.

C. Approval. If the variance application is approved, the applicant must record the variance against the property with the county auditor on a form provided by the department and provide the department a copy of the recording.

D. Transfer of Ownership. A variance runs with the land. Compliance with the conditions of a variance is the responsibility of the current owner of the property, whether the applicant or a successor. (Ord. 2992 § 1 (Att. A), 2016)