The purpose of a variance is to grant relief that relaxes the dimensional requirements of this Code to allow construction in a manner that would otherwise be prohibited by this Code. Variances cannot be granted to density or to lot size or to permitted and prohibited uses. A variance shall not be granted to eliminate a requirement.

(Res. of 4-7-2023(1); Ord. of 9-18-2025(1), Exh. A, § 47)

All applications for variances must be in accordance with the procedures in this article, and it shall be the responsibility of the applicant to see that these procedures and required information are completed. The variance must specify which standards and requirements are to be varied from and by which amount (increase or decrease). County initiated applications are exempt from these requirements.

(1)

Form. All applications shall be submitted using the appropriate application form as specified by the community development department.

(2)

Review of application completeness. Upon submittal, each application shall be subjected to a review of application completeness prior to being officially accepted by the county. An application shall be considered complete if it is submitted on the required form, includes all submittal information, including all exhibits specified by the community development director or his or her designee, and accompanied by the application processing fee as adopted by the board of commissioners and as may be revised periodically. The review of application completeness shall be conducted by county staff within seven business days of the submittal deadline. If the county staff determines the application is complete, the application shall be processed pursuant to this chapter. If the county staff determines that the application is incomplete, county staff shall notify the applicant of that fact via the contact information provided and specify the ways in which the application is deficient. All incomplete applications shall receive no further processing until the deficiencies are corrected. All fees are nonrefundable once the application has been determined complete.

(3)

Boundary survey. All applications shall be accompanied an accurate boundary survey of the subject lot/parcel prepared by a registered land surveyor. A previously prepared boundary survey or recorded plat shall be acceptable as long as the survey or plat depicts an accurate boundary of the lot/parcel.

(4)

Site plan. All applications shall be accompanied by a site plan which shall at a minimum contain the following information as applicable:

a.

Lot or tract dimensions with required and proposed setbacks shown.

b.

Required and proposed buffers.

c.

Required and proposed landscape areas, common areas, and open space.

d.

Square footage and use for each proposed structure.

e.

Location and use of all existing structures on the subject property.

f.

Existing zoning districts of the subject property and touching/adjoining properties.

g.

Layout of any proposed internal streets, alleys, lots, and pedestrian circulation systems.

h.

Existing and proposed right-of-way locations and dimensions and names of all roads and streets bounding the subject property.

i.

Driveways and parking areas.

j.

Tax map/parcel number and owner name of subject property and all abutting property owners as shown on current county tax map records.

k.

Preliminary locations of environmental conditions such as streams, wetlands, watershed protection districts, flood hazard areas, river corridor boundaries, and groundwater recharge areas.

l.

Confirmation of paid taxes. A copy of the paid tax receipt for subject property or a statement by an official in the tax commissioner's office or other official document issued by the tax commissioner's office indicating taxes have been paid for the last year.

m.

Letter of intent of the proposed variance(s) citing the applicable county code sections.

(Ord. of 9-18-2025(1), Exh. A, § 47)

Editor's note— Ord. of 9-18-2025(1), Exh. A, § 47, deleted the former § 121-168, and enacted a new § 121-168 as set out herein. The former § 121-168 was entitled "Conditions," and derived from Res. of 4-7-2023(1).

Variances with respect to land use standards and requirements specified for each district may be granted only if, based on the application, investigation, and evidence submitted by the applicant, all four criteria below are found to exist:

(1)

That a strict or literal interpretation and enforcement of the specified standard or requirement would result in practical difficulty or unnecessary hardship; and

(2)

That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property which do not apply generally to other properties in the same district; and

(3)

That the granting of the variance will not be detrimental to the public health, safety, or welfare or materially injurious to properties or improvements in the near vicinity; and

(4)

That the granting of the variance would support general objectives contained within this chapter.

Variances in accordance with this article should not ordinarily be granted if the special circumstances on which the applicant relies are a result of the actions of the applicant or owner or previous owners.

(Res. of 4-7-2023(1))

Public hearings on proposed variances shall be in accordance with procedures set forth in article XII, of this chapter.

(Res. of 4-7-2023(1))

Variances to requirements of this chapter with respect to road and street requirements may be authorized as applied for or as modified by the board of commissioners if, based on the application, investigation, and the evidence submitted by the applicant, all three of the following expressly written findings are made:

(1)

That neither present nor anticipated future traffic volumes generated by the use of the site or use of sites in the vicinity require strict or literal interpretation and enforcement of the requirements of this chapter; and

(2)

That the granting of the variance will not result in the development or design of public streets in such a manner as to interfere with the free flow of traffic on the streets; and

(3)

That the granting of the variance will not create a safety hazard or any other condition inconsistent with the general purpose of this chapter.

The county board of commissioners may establish performance bonds to assure compliance with any requirements it has set for granting a variance. Where a variance is granted for a construction activity requiring a building permit, the building permit must be obtained, and construction have begun within six months of the issuance of the variance. Otherwise, the variance expires after six months.

(Res. of 4-7-2023(1))

Before the planning commission may act on a variance; it shall give notice of a public hearing in the manner prescribed in article XII, section 121-373(e).

The planning commission shall review the application and staff report at the public hearing. The planning commission shall determine whether the evidence supports a finding that the required criteria have been met and may approve, approve with conditions, or deny of the application accordingly. Their recommendations shall be in writing and shall include written findings on each of the applicable criteria. If the planning commission fails to take action within 30 days after the public hearing, the request shall be deemed to have been denied.

The planning commission's decision, shall be sent by mail or e-mail to the applicant within ten working days of the date of action.

From time to time the planning commission may find it necessary to require a variance request to also meet approval of the Dawson County Board of Commissioners. In doing so the variance request must follow the public hearing procedures prescribed in article XII, section 121-373(e).

An application for a variance which is not acted upon by the board of commissioners within 90 days from the receipt of application shall be deemed denied.

(Res. of 4-7-2023(1))

Compliance with conditions imposed in the variance, and adherence to the submitted plans, as approved, is required. Any departure from these conditions of approval and approved plans constitutes a violation of this chapter.

(Res. of 4-7-2023(1))

The planning director shall make or cause to be made an analysis to provide the necessary information to assist the planning commission in the consideration of whether an application is consistent with the variance criteria.

(Res. of 4-7-2023(1))

Variances may be revoked if not exercised within one year of the date of approval. Upon no land disturbance or residential permit application being tendered within one year of the date of approval, the property shall be placed upon a planning board agenda for consideration of revocation of the variance pursuant to the same procedures for the grant of a variance.

(Res. of 4-7-2023(1))

Applications for which a substantially similar application has been denied shall be heard by the planning commission only after a period of 12 months has elapsed from the previous denial or final resolution of any appeal thereof, whichever is later.

(Res. of 4-7-2023(1))

No variance may be granted for a use of land or building or structure that is prohibited by this chapter.

(Res. of 4-7-2023(1))

Withdrawals of any application may be accommodated within the planning and development department if requested before the public notice has been published. If the withdrawal request is presented after the public notice has been published, a written request must be presented to the planning commission to vote to remove the item from the agenda at the scheduled hearing. Should the request to withdraw be denied, the item will receive deliberation and public hearing with a decision by the planning commission. Further the applicant is encouraged to be present at the hearing to substantiate reasons for withdrawal. No refund of application fee may be made unless directed by the board of commissioners.

(Res. of 4-7-2023(1))

(a)

If, in the judgment of the community development director or his or her designee, the application of any particular numeric criteria, standard or requirement of chapter 121 (Land Use) causes undue hardship on the applicant, the community development director or his or her designee shall be empowered to grant an administrative adjustment to adjust said requirement by a maximum of 20 percent. The purposes of the ordinance shall not be impaired, and there shall not be a negative impact on the surrounding uses, properties, or neighbors. The community development director or his or her designee shall not be authorized to grant a use in a district in which the use is prohibited.

(b)

The applicant shall mail notice of a proposed administrative adjustment, per forms provided by the community development department and reviewed by county staff, by certificate of mailing to all adjacent and adjoining property owners per county tax assessors records as of the date of the application. The notice shall describe the adjustment and state that interested parties have 15 days in which to file an appeal of the decision. Proof of certificate of mailing shall be submitted by the applicant to the community development department. The 15 days shall be counted from the date of mailing of the notice.

(c)

Appeals shall be filed with the community development department based on appeal forms maintained by county staff. An appeal shall be heard by the planning commission in the same manner as a variance.

(d)

If an appeal is not filed, the community development director or his or her designee shall issue a notification of written approval to the applicant after the 15-day notification period.

(e)

The purpose of the administrative adjustment is to address particular hardship situations of individual lots and parcels. The purpose is not to grant a wholesale adjustment for an entire subdivision or development. For any residential subdivision or development of 50 units or more, no more than ten percent of the units can receive the same administrative adjustment. Any greater request must seek a variance. Similarly in non-residential development, the administrative adjustment should be applied only when necessary for a hardship situation such as topography concerns.

(Ord. of 9-18-2025(1), Exh. A, § 48)