Minor Variance Request

A variance is a zoning adjustment which permits minor changes of zone district requirements where individual properties are burdened by the strict application of the law.  The power to vary is restricted and the degree of variation is limited to the minimum change necessary to overcome the inequality inherent in the property.  A variance to the uses permitted on the property is specifically prohibited.  The word "variance" means the modification of the requirements of a zoning district and does not include the substitution of uses assigned to other districts.

Minor variances: The planning division, acting through the zoning official, shall grant minor variances to certain lot requirements for legally platted lots which meet the criteria stated below. Such variances shall not, however, exceed 20 percent of the minimum lot requirements, established in chapter 2 of this title.

1. Variances granted under this provision shall be restricted to:
   1. Minimum lot area requirements for legally platted lots which do not meet the minimum lot area required by the zone district regulations governing the area in which the lot is located;
   2. Minimum lot width at the front setback line;
   3. Building setbacks for primary and accessory structures;
   4. Distribution of unobstructed open space adjacent to rights of ways in commercial and industrial zone districts; and
   5. Percentage of lots to be retained in unobstructed open space.
      
2. Any variance granted under the provisions of this subsection shall meet all of the following criteria:
   1. The variance will not alter the essential neighborhood character, nor will it substantially impair the permitted use or development of adjoining property;
   2. The variance shall be the minimum necessary to grant relief from a demonstrated hardship;
   3. That the hardship, if any, under which the variance is sought, was not created by the owner, occupant or agent of the owner of the property in question; nor was it suffered as a result of a violation of any provision of this code. (Revised 6-12-1992)

To request a minor variance, please complete and remit the Application for Minor Variance form.