Adams County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 17
77 VARIANCES
§ 17.77.010 Authorization.
The responsible official may vary or modify requirements of this chapter where strict application would cause an undue or unnecessary hardship. No variance shall be granted to allow the use of property for a purpose not authorized within the zone in which the proposed use would be located. Variances will, under most circumstances, be limited to requirements governing yards, lot dimensions and coverage, heights and parking areas. In granting a variance, the responsible official may attach conditions which it finds necessary to protect the best interest of the surrounding property or vicinity, and otherwise achieve the purpose of this chapter.
(Ord. O-02-25 § 1 (Exh. A))
§ 17.77.020 Applicability.
A.
Minor Variances. Minor variances can authorize up to twenty-five percent of the following numerical standards in this title:
1.
Setbacks.
2.
Height.
3.
Buffers.
4.
Landscaping.
5.
Parking.
B.
Major Variances. Major variances can authorize a variance from any development standard in this title.
(Ord. O-02-25 § 1 (Exh. A))
§ 17.77.030 Procedure.
A.
Minor variances are a Type II process per Chapter 17.94. The processing procedures, including appeal options, are as set forth in Chapter 17.94.
B.
Major variances are a Type III process per Chapter 17.94. The processing procedures, including appeal options, are as set forth in Chapter 17.94.
(Ord. O-02-25 § 1 (Exh. A))
§ 17.77.040 Findings.
The responsible official may approve an application for a variance if it finds:
A.
That exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zoning district or vicinity, and result from lot size, shape, topography or other circumstances over which the applicant has no control;
B.
That the variance is necessary for the preservation of a property right of the applicant substantially the same as is possessed by owners of other property in the same zoning district or vicinity;
C.
That the granting of the variance will not materially affect the health or safety of persons residing or working in the neighborhood and will not be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood;
D.
That the variance would not be materially detrimental to the intent of this chapter, or the property in the same zoning district or vicinity in which the property is located, or otherwise conflict with the objectives of any county plan or policy and the variance requested is the minimum variance which would alleviate the hardship.
(Ord. O-02-25 § 1 (Exh. A))
§ 17.77.050 Reapplication.
No new application for a variance shall be considered within the twelve-month period immediately following a previous denial of such request.
(Ord. O-02-25 § 1 (Exh. A))
§ 17.77.060 Fees.
Fees for variances shall follow the building and planning master fee schedule as adopted by Adams County.
(Ord. O-02-25 § 1 (Exh. A))
