Variances

Variances are regulated in MSB 17.65.

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.

A variance 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.

A non-refundable fee is associated with a variance application.







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