CHAPTER 17.65: VARIANCES
Section
17.65.020 Requirements for granting a variance
17.65.030 Cases where variance is illegal
17.65.040 Variance; conditions of approval
17.65.050 Initiation of a variance request
17.65.070 Planning commission action
17.65.090 Termination of variances
17.65.110 Violations, enforcement, and penalties
17.65.010 INTENT.
This chapter addresses variances not otherwise addressed within this title. It is not intended that this chapter replace or supersede variance regulations of other chapters within this title, nor is it intended that this chapter address variances to conditional uses.
(Ord. 90-56, § 3 (part), 1990)
17.65.020 REQUIREMENTS FOR GRANTING A VARIANCE.
(A) In order to grant a variance to the regulations of MSB title 17, the planning commission must find that each of the following requirements has been met:
(1) There are unusual conditions or circumstances that apply to the property for which the variance is sought.
(2) The strict application of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties under the terms of this title.
(3) The granting of the variance will not be injurious to nearby property, nor harmful to the public welfare.
(4) The granting of the variance will be in harmony with the objectives of this title and any applicable comprehensive plans.
(5) The deviation from the requirement of this title that is permitted by the variance will be no more than is necessary to permit a reasonable use of the property.
(Ord. 90-56, § 3 (part), 1990)
17.65.030 CASES WHERE VARIANCE IS ILLEGAL.
(A) A variance from this title may not be granted if:
(1) special conditions that require the variance are caused by the person seeking the variance;
(2) the variance will permit a land use in a district in which that use is prohibited;
(3) the variance is sought solely to relieve pecuniary hardship or inconvenience.
(Ord. 90-56, § 3 (part), 1990)
17.65.040 VARIANCE; CONDITIONS OF APPROVAL.
(A) The planning commission, in granting a variance, may prescribe any conditions and safe-guards that it deems to be necessary or desirable to:
(1) assure conformity with this title and any applicable comprehensive plans;
(2) protect adjacent properties;
(3) protect the public health, safety and welfare.
(Ord. 90-56, § 3 (part), 1990)
17.65.050 INITIATION OF A VARIANCE REQUEST.
(A) A request to the planning commission for a variance to the requirements of MSB title 17 may be initiated by the property owner or the manager’s authorized agent.
(B) A variance application shall be filed with the planning director on a form provided by the planning department.
(C) An application for a variance shall include:
(1) a legal description of the property involved;
(2) a description of the variance requested, including the code section reference;
(3) a specific statement of the reasons why the variance is required and conforms to the requirements of MSB 17.65.020;
(4) a site plan or as-built of the particular parcel or parcels affected, submitted under the seal of a professional land surveyor, which shows all information relevant to the variance request;
(5) an appropriate filing fee as established by the assembly, payable to the borough.
(Ord. 90-56, § 3 (part), 1990)
17.65.070 PLANNING COMMISSION ACTION.
The planning commission shall hear any interested parties and shall render a written decision on the variance application within 30 calendar days from the closure of public hearing.
(Ord. 90-56, § 3 (part), 1990)
17.65.080 RECORD OF VARIANCES.
The planning department shall keep a record of all variances.
(Ord. 90-56, § 3 (part), 1990)
17.65.090 TERMINATION OF VARIANCES.
(A) Any variance granted shall become null and void if:
(1) the variance is not exercised within one year after being granted;
(2) any structure or characteristic of use permitted by a variance is moved, removed or discontinued.
(Ord. 90-56, § 3 (part), 1990)
17.65.100 APPEAL PROCEDURE.
Decisions by the planning commission on a variance application may be appealed to the borough board of adjustment and appeals. Appeals shall be filed and conducted in accordance with MSB 15.39.
(IM 96-013, page 1 (part), presented 3-19-96; Ord. 90-56, § 3 (part), 1990)
17.65.110 VIOLATIONS, ENFORCEMENT, AND PENALTIES.
(A) Except as otherwise specified in this chapter violations of this chapter are infractions.
(B) Remedies, enforcement actions, and penalties shall be consistent with the terms and provisions of MSB 1.45.
(Ord. 95-088(SUB)(am), § 30 (part), 1995)