North Plains City Zoning Code

VARIANCES

§ 155.105 PURPOSE AND SCOPE.

The purpose of a variance is to provide relief when a strict application of the zoning requirements of lot width, lot depth, building height, setback, access or other dimensional or site requirements would impose practical difficulties. These difficulties may result from geographic, topographic or other physical conditions on the site or in the immediate vicinity. No variance shall be granted which allows the establishment or expansion of use otherwise prohibited or subject to conditional use procedures.

(Prior Code, § 16.185.000)

§ 155.106 APPLICATION AND FEE.

A pre-application conference pursuant to §§ 155.025 through 155.033 of this chapter is required. The City Manager may waive this requirement. An application for a variance shall be filed with the city and accompanied by the appropriate fee. The application shall be accompanied by a site plan, drawn to scale, showing the dimensions and arrangements of the proposed development. It shall be the applicant’s responsibility to submit a complete application which addresses the review criteria of this section. Except for § 155.108 of this chapter, variance requests shall be subject to the quasi-judicial public notice and public hearing requirements of a Type III process under §§ 155.025 through 155.033 of this chapter.

(Prior Code, § 16.185.005)

§ 155.107 TYPE III VARIANCE REVIEW CRITERIA.

A variance may be authorized upon adequate demonstration by the applicant that the proposed variance satisfies the following criteria:

(A) Special conditions and circumstances exist which are peculiar to the land, building or structure involved;

(B) Granting the proposed variance would be in the public interest and would be in harmony with the purpose of the underlying zoning district and the intent and purpose of this chapter;

(D) The variance requested is the minimum variance which would make possible the reasonable use of the applicant’s land, building or structure; and

(E) The special conditions and circumstances on which the application is based do not result from the negligent or knowing violation of this chapter by the applicant.

(Prior Code, § 16.185.010)

§ 155.108 TYPE II MINOR VARIANCES.

(A) Minor variances that may be authorized administratively under a Type III process include the following:

(1) Minor variances, not to exceed 10%, from lot size, depth, width, area, coverage, landscaping and setback standards; and

(2) Minor variances of other design standards of the chapter. The City Planner or his or her designee has the discretion to require a variance of design standards under a Type III process with final approval by the Planning Commission at any time.

(B) Minor variances may be authorized administratively upon adequate demonstration by the applicant that the proposed variance satisfies the following criteria:

(1) Special conditions and circumstances, such as lot shape and configuration, exist which are peculiar to the land, building or structure involved;

(2) The variance would result in minimal detriment to the immediate vicinity;

(3) An application for an administrative variance is limited to one lot per application; and

(4) No more than three administrative variances may be approved for one lot or parcel in 12 months.

(Prior Code, § 16.185.015)

§ 155.109 CONDITIONS OF APPROVAL.

(A) In approving an application for a Type III variance, the Planning Commission may impose such conditions as it deems appropriate to ensure that the intent of this section is carried out.

(B) Such conditions shall be reasonably related to the variance criteria set forth in this chapter.

(Prior Code, § 16.185.020)

§ 155.110 COMPLIANCE WITH CONDITIONS.

(A) Compliance with conditions imposed in approval of a variance and adherence to an approved plot plan shall be required.

(B) Any departure from these conditions of approval and approved plans constitutes a violation of this chapter.

(C) The Planning Commission may revoke approval of any variance for failure to comply with any condition imposed in approval of the variance or for any other violation of this chapter.

(Prior Code, § 16.185.025)

North Plains City Zoning Code

VARIANCES

§ 155.105 PURPOSE AND SCOPE.

(Prior Code, § 16.185.000)

§ 155.106 APPLICATION AND FEE.

(Prior Code, § 16.185.005)

§ 155.107 TYPE III VARIANCE REVIEW CRITERIA.

A variance may be authorized upon adequate demonstration by the applicant that the proposed variance satisfies the following criteria:

(A) Special conditions and circumstances exist which are peculiar to the land, building or structure involved;

(B) Granting the proposed variance would be in the public interest and would be in harmony with the purpose of the underlying zoning district and the intent and purpose of this chapter;

(D) The variance requested is the minimum variance which would make possible the reasonable use of the applicant’s land, building or structure; and

(E) The special conditions and circumstances on which the application is based do not result from the negligent or knowing violation of this chapter by the applicant.

(Prior Code, § 16.185.010)

§ 155.108 TYPE II MINOR VARIANCES.

(A) Minor variances that may be authorized administratively under a Type III process include the following:

(1) Minor variances, not to exceed 10%, from lot size, depth, width, area, coverage, landscaping and setback standards; and

(B) Minor variances may be authorized administratively upon adequate demonstration by the applicant that the proposed variance satisfies the following criteria:

(1) Special conditions and circumstances, such as lot shape and configuration, exist which are peculiar to the land, building or structure involved;

(2) The variance would result in minimal detriment to the immediate vicinity;

(3) An application for an administrative variance is limited to one lot per application; and

(4) No more than three administrative variances may be approved for one lot or parcel in 12 months.

(Prior Code, § 16.185.015)

§ 155.109 CONDITIONS OF APPROVAL.

(A) In approving an application for a Type III variance, the Planning Commission may impose such conditions as it deems appropriate to ensure that the intent of this section is carried out.

(B) Such conditions shall be reasonably related to the variance criteria set forth in this chapter.

(Prior Code, § 16.185.020)

§ 155.110 COMPLIANCE WITH CONDITIONS.

(A) Compliance with conditions imposed in approval of a variance and adherence to an approved plot plan shall be required.

(B) Any departure from these conditions of approval and approved plans constitutes a violation of this chapter.

(C) The Planning Commission may revoke approval of any variance for failure to comply with any condition imposed in approval of the variance or for any other violation of this chapter.

(Prior Code, § 16.185.025)

North Plains City Zoning Code

VARIANCES

§ 155.105 PURPOSE AND SCOPE.

(Prior Code, § 16.185.000)

§ 155.106 APPLICATION AND FEE.

(Prior Code, § 16.185.005)

§ 155.107 TYPE III VARIANCE REVIEW CRITERIA.

A variance may be authorized upon adequate demonstration by the applicant that the proposed variance satisfies the following criteria:

(A) Special conditions and circumstances exist which are peculiar to the land, building or structure involved;

(B) Granting the proposed variance would be in the public interest and would be in harmony with the purpose of the underlying zoning district and the intent and purpose of this chapter;

(D) The variance requested is the minimum variance which would make possible the reasonable use of the applicant’s land, building or structure; and

(E) The special conditions and circumstances on which the application is based do not result from the negligent or knowing violation of this chapter by the applicant.

(Prior Code, § 16.185.010)

§ 155.108 TYPE II MINOR VARIANCES.

(A) Minor variances that may be authorized administratively under a Type III process include the following:

(1) Minor variances, not to exceed 10%, from lot size, depth, width, area, coverage, landscaping and setback standards; and

(B) Minor variances may be authorized administratively upon adequate demonstration by the applicant that the proposed variance satisfies the following criteria:

(1) Special conditions and circumstances, such as lot shape and configuration, exist which are peculiar to the land, building or structure involved;

(2) The variance would result in minimal detriment to the immediate vicinity;

(3) An application for an administrative variance is limited to one lot per application; and

(4) No more than three administrative variances may be approved for one lot or parcel in 12 months.

(Prior Code, § 16.185.015)

§ 155.109 CONDITIONS OF APPROVAL.

(A) In approving an application for a Type III variance, the Planning Commission may impose such conditions as it deems appropriate to ensure that the intent of this section is carried out.

(B) Such conditions shall be reasonably related to the variance criteria set forth in this chapter.

(Prior Code, § 16.185.020)

§ 155.110 COMPLIANCE WITH CONDITIONS.

(A) Compliance with conditions imposed in approval of a variance and adherence to an approved plot plan shall be required.

(B) Any departure from these conditions of approval and approved plans constitutes a violation of this chapter.

(C) The Planning Commission may revoke approval of any variance for failure to comply with any condition imposed in approval of the variance or for any other violation of this chapter.

(Prior Code, § 16.185.025)