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1.08: Variances

Sun, 08/23/2009 - 18:35 — CAHeidelberger

1.0801 Exceptional Conditions

  1. General. Only the Department of Environment and Natural Resources can grant variances to South Dakota Regulations. The District may grant variances from specific provisions of this Ordinance, but only after determining that:
    1.  There are unique circumstances or conditions affecting the property.
    2. The variance is necessary for the reasonable and acceptable development of the property in question.
    3. The granting of the variance will not be detrimental to the public welfare or injurious to adjacent property.
    4. The variance will not permit or encourage uses contrary to this Ordinance.
  2. Conditions. In approving variances, the District or Department of Environment and Natural Resources may require such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements of this Ordinance.
  3. Procedures. A petition for any such variance shall be submitted in writing for the consideration of the District. The petition shall state fully the grounds for the application and all the facts relied upon by the petitioner.