The purpose of a variance is to modify the strict application of the specific requirements of this title in the case of exceptionally irregular, narrow, shallow, or steep lots, or other exceptional physical conditions, when such strict application would result in practical difficulty or unnecessary hardship which would deprive an owner of the reasonable use of their land. A variance shall be granted only where necessary to overcome some obstacle which is preventing an owner from using their land as this title intended.

(Ord. 7-2015, 2-3-2016)

When application is made for a building permit and the proposed building or structure does not conform to the planning and zoning ordinance requirements, the property owner shall be advised that application for a variance may be made to the Planning and Zoning Commission. A variance application shall include:

A.

Reason variance is requested;

B.

Legal description and street address of the property where the building or structure will be located;

C.

Line diagram of proposed building or structure showing area dimensions and location on land;

D.

The application shall be made in sufficient time prior to a regular Planning and Zoning Commission meeting to allow time for publication of required notices in the official newspaper.

(Ord. 7-2015, 2-3-2016)

Upon receipt of an application and fee, the Planning and Zoning Commission shall hold a public hearing, having first given ten (10) days notice. One notice of the time and place of such hearing shall be published in the official newspaper of the City. In addition, a sign noting the fact that an application for a variance is pending shall be posted on the site not less than ten (10) days before the public hearing before the Planning and Zoning Commission. The sign shall be maintained on the site until the Common Council has taken action on the request or the application is withdrawn. Approved signs shall be secured from the Planning Department which shall require a reasonable deposit sufficient to cover the cost of replacement of such sign or signs and which shall determine the number and location of the sign or signs to be posted on the site addressed in the application for the variance. The Commission shall consider and within thirty (30) days recommend approval or denial to the Common Council. The recommendation shall then be scheduled for public hearing at a meeting of the Common Council. At least ten (10) days prior to the public hearing, one notice of the time and place of such hearing shall be published in the official newspaper of the City. The Common Council, acting as the Board of Adjustment pursuant to SDCL 11-4-24, shall consider and within thirty (30) days grant approval or denial of the variance request.

(Ord. 7-2015, 2-3-2016)

The concurring vote at least two-thirds of the members of the Common Council shall be required to grant any variance request.

(Ord. 7-2015, 2-3-2016)

In granting a variance, the Planning and Zoning Commission and the Common Council must determine that the following criteria are met:

1.

Special circumstances exist on the land—i.e., an exceptionally narrow lot, steep topography, or irregularly shaped lot;

2.

The proposed use is either a permitted or conditional use in the zoning district;

3.

Strict application of the zoning ordinance would deprive the applicant of all reasonable economic use of the land;

4.

Granting the variance is the minimum modification necessary to allow the reasonable use of the site;

5.

Granting the variance will not compromise the purpose of this Title nor that of the zoning district in which the property is located; and

6.

Granting the variance is in harmony with the general purposes and intent of this title and will not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the Belle Fourche Comprehensive Plan.

(Ord. 7-2015, 2-3-2016)

The person requesting the variance has the burden of showing:

A.

That granting the variance will not be contrary to the public interest;

B.

That the literal enforcement of this title will result in unnecessary hardship;

C.

That by granting the variance contrary to the provisions of this Division, the spirit of this title will be observed; and

D.

That by granting the variance, substantial justice will be done.

(Ord. 7-2015, 2-3-2016)

A variance shall expire unless acted upon by the original applicant within one year of the date the variance was granted.

(Ord. 7-2015, 2-3-2016)