Sec. 34-684(b)

Other

• Conditions on varianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship.

  In granting a development approval involving a variance, the planning commission may impose such conditions and restrictions upon the premises benefitted by a variance as may be necessary to allow a positive finding to be made on any of the foregoing factors, or to minimize the injurious effect of the variance.

• Required findings for varianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship.

  The planning commission shall not vary the requirements of any provision of this chapter unless it makes a positive finding, based on substantial competent evidence, on each of the following: (1) There are practical or economic difficulties in carrying out the strict letter of the regulation. (2) The variance request is not based exclusively upon a desire to reduce the cost of developing the site. (3) The proposed variance will not substantially increase congestion on surrounding public streets, the danger of fire, or other hazard to the public. (4) The proposed variance will not substantially diminish property values in, nor alter the essential character of, the area surrounding the site. (5) The effect of the proposed variance is in harmony with the general intent of this chapter and the specific intent of the relevant subject area(s) of this chapter.

• VarianceVariancePermission to depart from a specific dimensional rule, granted on a showing of hardship. cannot alter use

  In no case may a variance alter the permissible use of land. If a change in the use of land is sought then the applicant must apply for a land use change through a plan amendment or through a revision of the land development regulations.