§ 1401. Authority to grant variances.

(a)

The board of adjustment shall have the power to authorize upon application in specific cases such variances to the code sections enumerated in this subsection, from the terms of this UDC as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this UDC will in an individual case result in unnecessary hardship or practical difficulty, so that the spirit of this UDC shall be observed, public safety and welfare secured, and substantial justice done. The board shall not be authorized to grant variances to any other code sections except those enumerated in this subsection:

1.

Minimum building setbacks.

2.

Maximum building height.

3.

Minimum lot width.

4.

Minimum separation between agricultural and residential uses.

5.

Minimum and maximum parking and minimum loading space requirements.

6.

Signage, in accordance with article 7 of this UDC.

7.

Variances to airport zone requirements as specifically authorized by section 423 of this UDC.

8.

Land disturbance within that portion of a required stream buffer between 25 feet and 75 feet of a stream, as specified in section 813(b) of this UDC.

9.

Variance to the requirements of article 10, Flood Damage Prevention, as specifically authorized in division IV of article 10 of this UDC, and subject to the criteria specified in section 1042 of this UDC.

10.

Disturbance of a required zoning buffer, as may be authorized per subsection 1203(b) of this UDC.

(b)

The board of adjustment may upon application approve, conditionally approve, or deny variances, subject to the requirements of this division. In granting a variance, the board of adjustment may impose such requirements and conditions with respect to the location, construction, maintenance and operation of any use or building, in addition to those expressly set forth in this UDC, as may be deemed necessary for the protection of adjacent properties and the public interest.

(Ord. No. 17-003 , § 1, 10-2-2017)