12.  VARIANCES

12.1.                    Deciding Body: Planning and zoning commission.

12.2.                    Applicability:  A variance is a modification of the bulk and placement requirements of this ordinance as to lot size, front yard, side yard, and/or rear yard setbacks, parking space, structure height, or other provisions herein affecting the size of a structure or the placement of the structure on lots or parcels.

12.3.                    Administration:

12.3.1.  Applicant: Applications for variance will be made on forms provided by the administrator, and may be processed singly or simultaneously with the appropriate development permit for the use proposed. It is the responsibility of the applicant to provide sufficient detail, data and documentation so as to demonstrate to the planning and zoning commission that the variance requested meets the provisions established herein.

12.3.2.  Administrator: On receipt of a completed application for variance and applicable fee, the administrator will schedule public hearing on the next available agenda of the planning and zoning commission, allowing for public notification. At least one week prior to the scheduled hearing, the administrator will mail copies of the application and supporting documentation and any written comment received to members of the planning and zoning commission. This mailing will also include a staff analysis that will, at minimum:

12.3.2.1.        Describe specifics of the site, to include parcel number, legal description, parcel size, zone district designation, surrounding zone district designations and surrounding land uses.

12.3.2.2.        Identify any overlay, hazardous or special areas or sites affected by the proposed use.

12.3.2.3.        Include a listing of provisions of this ordinance applicable to the variance being sought.

12.3.2.4.        Describe the variance proposed

12.3.2.5.        Include the list of options available to the planning and zoning commission in rendering a decision.

12.3.3.  Planning and Zoning Commission: The planning and zoning commission will hold public hearing on applications for variance and, based on materials in the application, the staff analysis and testimony presented during the public hearing process, hold discussion to render reasoned findings to support a decision.

12.3.4.  Considerations: In considering an application for a variance, the planning and zoning commission should determine, at minimum:

12.3.4.1.        Whether special circumstances of the property, such as its shape, size or features, render the parcel unsuited for uses that would otherwise be allowed in the zone district.

12.3.4.2.        Whether failure to grant variance would infringe on the rights of the property owner or would constitute a taking of private property rights.

12.3.4.3.        Whether granting the variance would confer special privilege to the property owner, of if it would be granted to any property owner in similar circumstances.

12.3.4.4.        Whether the grant of variance would be detrimental to the general public welfare, create a public hazard or be injurious to property or improvements in the immediate vicinity.

12.3.5.  Decision: Based on the findings developed, the planning and zoning commission may:

12.3.5.1.        Approve: Approve the variance and direct staff to prepare written findings and decision. At the discretion of the planning and zoning commission, final action may be tabled until the next regular meeting to allow review and approval of the findings and decision. For tolling appeal, approval of the variance will be effective on the date the chairman signs the findings and decision.

12.3.5.2.        Deny: Deny the application for cause, directing staff to draft written findings and decision, to include steps the applicant might take to gain approval and rights of appeal. At the discretion of the planning and zoning commission, final action may be tabled until the next regular meeting to allow review and approval of the findings and decision. For tolling appeal, approval of the variance will be effective on the date the chairman signs the findings and decision.

12.3.6.  Simultaneous Application: When considering a variance application submitted simultaneously with another development permit application, the variance will be decided and approved before consideration is given to other applications.