Ch11.§11-2 · City of Nowthen public records

A. Purpose: The purpose of this section is to provide the City with an opportunity for amelioration or unnecessary hardships resulting from the rigid enforcement of its broad Zoning Ordinance. This variance provision authorizes the City Council to permit a particular property to be used in a manner not allowed for by the Ordinance by varying the terms of this Chapter. B. Limitation of Use: The City Council, upon appeal, shall have the power to authorize variances from certain requirements of this Chapter. Variances shall pertain only to the physical characteristics of the land or structures to be built thereon, such as area, height, setback requirements, and density. Specifically, the City Council may grant only non-use or area variances and shall not grant use variances. (Ordinance #3, adopted November 9, 2010) C. Review Criteria: A variance request shall not be approved unless a finding is made by the City Council that failure to grant the variance will result in practical difficulties. 1\. "Practical difficulties" means that the property owner proposes to use the property in a reasonable manner not permitted by this Chapter and include, but are not limited to, inadequate access to direct sunlight for solar energy systems. 2\. The applicant for variance shall also demonstrate that the request satisfies the following criteria: a. That the variance would be consistent with the Comprehensive Plan. b. That the variance would be in harmony with the general purposes and intent of this Chapter. C. That the plight of the landowner is due to circumstances unique to the property not created by the landowner. d. That the purpose of the variance is not exclusively economic consideration. e. That the granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located. f. That the requested variance is the minimum action required to eliminate the practical difficulty. (Ordinance #39, adopted December 13, 2011)   D. Conditions Imposed: In granting any variance, the City Council may impose conditions to ensure compliance and to protect adjacent and affected properties. E. Procedure for Application: 1\. The person applying for a variance shall fill out and submit to the City Clerk an application, together with a fee, which shall be set in Section 1-2-2 of the City Code. 2\. The applications shall be forwarded to the Board of Adjustment. 3\. Within sixty (60) days after receipt of filing of a request for a variance or an appeal from an administrative order or determination, the Planning & Zoning Commission shall hold a public hearing thereon and shall hear such persons as wish to be heard, either in person or by agent or attorney. Notice of such hearing shall be mailed not less than ten (10) days before the date of the hearing to the person or persons who filed the appeal or request and, in the case of a request for a variance, to each owner of property situated wholly or partly within three hundred fifty (350) feet of the property whereon the variance is requested, shall be submitted with, and made a part of, the application for variance. 4\. The petitioner or his representative shall appear before the Planning & Zoning Commission in order to answer questions concerning the proposed variance. 5\. The Planning & Zoning Commission shall forward their recommendations to the City Council within thirty (30) days of the public hearing. F. Council Actions: The City Council shall review the application and the findings of the Planning & Zoning Commission and shall act on said application within thirty (30) days. A written variance including the legal description of the property shall be prepared and a certified copy there of shall be filed with the County Recorder. (Ordinance #3, adopted November 9, 2010)   # SECTION 12 AMENDMENTS <table> <tr> <th>Section:</th> <th></th> </tr> <tr> <td>11-12-1</td> <td>Procedures</td> </tr> <tr> <td>11-12-2</td> <td>Criteria</td> </tr> </table>

Ch.11 § 11-2

Amendment history