“Variance” means the process of obtaining approval for a forest conservation plan that does not strictly conform to the standards and requirements set forth in this Division IV. A variance must be requested in advance of approval of a Forest Conservation Plan and in advance of any activity requiring approval of a Forest Conservation Plan.
City Code, 1976/83, art. 9A, §9-5
Ord. 93-170
Ord. 20-401
Variances from this Division IV may be granted by the Planning Commission, if the applicant demonstrates that enforcement would result in unwarranted hardship to the applicant.
City Code, 1976/83, art. 9A, §11-1
Ord. 93-170
An applicant for a variance shall:
describe the special conditions peculiar to the property which would cause the unwarranted hardship;
describe how enforcement of these rules will deprive the applicant of rights commonly enjoyed by others in similar areas;
verify that the granting of the variance will not confer on the applicant a special privilege that would be denied to other applicants;
verify that the variance request is not based on conditions or circumstances which are the result of actions by the applicant;
verify that the need for the variance is not as a result of a violation of any portion of Division IV;
verify that the request does not arise from a condition relating to land or building use, either permitted or nonconforming, on a neighboring property;
verify that the granting of a variance will not adversely affect water quality; and
such other criteria that, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Planning Commission may set by rule or regulation.
City Code, 1976/83, art. 9A, §11-2
Ord. 93-170
Ord. 20-401
Text Conformed 02/16/21
By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of this item (8) to refer to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.