§ 25-4-35. VARIANCE FILING AND CONSIDERATION.

(A)

An applicant shall file an application for a variance from a subdivision requirement when the applicant submits an application for preliminary plan approval, or if a preliminary plan is not required, when the applicant files an application for final plat approval.

(B)

An applicant may file an application for a variance after filing an application for approval of a preliminary plan or plat if the need for the variance becomes apparent after staff review.

(C)

An applicant may not file an application for a variance less than seven days before a deadline for placing the application for preliminary plan or plat approval on the agenda of a board or commission.

(D)

The Land Use Commission shall concurrently consider an application for a variance and an application for preliminary plan or plat approval, unless the applicant requests a separate public hearing on the application for a variance and pays the required notice fee. The director shall schedule a requested separate hearing on an application for a variance for the first available meeting of the Land Use Commission after board or commission review of the application for a variance is complete.

(E)

The requirement of Section 25-1-214 (Public Hearing And Notice) that the Land Use Commission hold a public hearing not later than 45 days after the date an application for a variance is filed does not apply to an application for a variance from a subdivision requirement.

Source: Sections 13-1-481(f) and 13-1-484(c); Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.