BIL 373 Draft 01 2006-2008 - Laserfiche WebLink

Home

Article 4. Variances Section 10-31. Variances; application. (a) In unique cases where strict enforcement of this chapter would result in unnecessary hardship or practical difficulty, and where desirable relief may be granted without detriment to the public interest, convenience or welfare, a request for a variance may be submitted to the director for his consideration. (b) Variance applications shall be submitted upon a form designated by the director and shall include the following information and attachments: (1) Applicant's name, phone number, and mailing address. (2) Tax map key number of the affected property. (3) Code section from which a variance is requested. (4) Explanation of the applicant's unique circumstances and why compliance with the applicable code section would be difficult or cause an unnecessary hardship. (5) Explanation of alternative measures that applicant is proposing to take in lieu of compliance with the applicable code section. (6) Evidence that desired relief may be granted without adversely affecting the rights of adjacent property owners or tenants or detrimentally affecting the public interest. Section 10-32. Variances; criteria for granting. Only in situations where the following conditions exist may a variance be granted by the director: (a) A grant of a variance is necessitated by peculiar physical conditions not ordinarily found. (b) Granting the variance will not adversely affect the rights of adjacent property owners or tenants. (c) Granting the variance will not unreasonably violate the interest, safety, convenience, or general welfare of the public. (d) A strict application of the terms of this chapter would result in unnecessary hardship and practical difficulty upon the applicant or community. Section 10-33. Variance application fees. (a) Upon submission of an application for a variance provided for in this article, applicants shall submit a processing fee of $25. (b) Fees shall be waived for any variance applied for by a federal, state or county agency including the department of water supply. Article 5. Violations, Penalties, Enforcement. Section 10-34. Violations. (a) Failure to comply with any provision of this chapter or with any rule adopted pursuant to this chapter or with conditions imposed as part of any permit, approval or waiver under the provisions of this chapter, shall constitute a violation of this chapter. -17-