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Required Information: (must be included prior to making submittal)
1.
Complete Application including the description of reques
ted variance(s) with specific information for the request
and state the reason(s) the variance is necessary and why you cannot comply with the regulations of the Zoning
Ordinance.
2. Submit site drawing as required see details below.
Site Draw
ing
All variance appeals must submit three (3) 11x17 copies of a site drawing with the application. The site drawing must be
fully dimensioned and legible. All required information must be drawn to a scale. The Zoning Administrator may require
a petitioner to submit a site plan drawn by an engineer or architect. The site plan shall include the following:
1. Boundary drawing of the lot or area involved.
2. Location, dimensions, height and setbacks of a
ll existing and proposed buildings and structures and the
uses of each.
3. Use of the proposed addition to building or structure.
4. Approximate location of the vehicle entrance to the site.
5.
Show the approximate location of water and sewer (septic sy
stem) facilities, if applicable.
6. Location of parking area and number of stalls required, if applicable.
7. General location of landscaping, buffer areas and screening, if applicable.
8.
If the appeal is for a sign, the appeal must be accompanied by both a fully dimensioned, to scale
elevation
and site plan drawing of the sign, showing the exact location and size of the sign.
Variance Regulations
N
o variance from the provisions or requirements of this ordinance shall be authorized by the Board of Adjustment unless
the Board finds beyond reasonable doubt that all the following conditions and circumstances exist. These regulations
are found in the Zoning Ordinance, Article 17. Variance. The conditions and circumstances will be addressed by the
Polk County Planning Division staff in reviewing the variance(s) request.
1.
There must be exceptional or extraordinary circumst
ances or special conditions applying to the property in
question, and do not exist generally on
other properties in
the same zoning district. By virtue of the unique
or special conditions, it is, therefore, exceptionally difficult
to place
a use permitted in said district on the
property.
2.
The variance is necessary for the preservation and enjoyment
of substantial property rights possessed by
other
properties in the same zoning district and in the same vicinity
and such variances will not permit uses
that are prohibited in that district.
3.
The authorization of such variance will not be of substantial detriment to adjacent property
and will not be
contrary to the purpose of this Ordinance and the public interest.
4.
That the special conditions or circumstances
did not result from the actions of the applicant.
5.
The variance will not entirely
void the natural resource protection requirements of this Ordinance.
The condition and/or situation of a property for which a variance
is sought must be of an unusual nature. A variance
shall not be authorized if the condition or situation is of a general or recurrent nature such that adopting a general
regulation as an amendment to this Ordinance is a reasonably practicable solution.
The variance granted shall be the minimum necessary to permit a use of the property. A variance shall neither increase
the number of permitted dwelling units by more than one (1), nor allow the minimum lot area required for a use to be
decreased by more than ten (10) percent. If natural resources are involved, then mitigation for any damage to the
environment shall be a condition of the variation.
