7.16.110 Variance - CLEANOrdinance 25-06
7.16.110 Variance, Avon Municipal Code
7.16.110 Variance
In order to prevent or to lessen such practical difficulties and unnecessary physical hardships
inconsistent with the objectives of the Development Code as would result from strict or literal interpretation
and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary
physical hardship may result from the size, shape or dimensions of a site or the location of existing
structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from
other physical limitations, street locations or traffic conditions in the immediate vicinity. Cost or
inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for
granting a variance. It is not the intent of this Section to allow variances in the classification of uses of
property.
(a) Review Procedures. Applications for a variance shall follow the general review procedures set forth in
Section 7.16.020, General Procedures and Requirements. Applications for variance may be initiated
by the owner of property for which a variance is desired.
(b) Review Authority. The PZC shall review and render a decision on an application for a variance after
conducting a public hearing. The decision of the PZC may be appealed to Town Council pursuant to
Section 7.16.180, Appeal.
(c) Review Criteria. The PZC shall use the following review criteria as the basis for a decision on an
application for a variance:
(1) The degree to which relief from the strict or literal interpretation and enforcements of a specified
regulation is necessary to achieve compatibility and uniformity of treatment among sites in the
vicinity or to attain the objectives of the Development Code without grant of special privilege;
(2) The effect of the requested variance on light and air, distribution of population, transportation
and traffic facilities, public facilities and utilities and public safety;
(3) Such other factors and criteria related to the subject property, proposed development or
variance request as the decision-making body deems applicable to the proposed variance.
(4) The applicants have exhausted all technological, design, or development possibilities and a
variance is necessary due to the lack of any other practicable possibilities to utilize the property.
(d) Required Findings. The PZC shall make the following written findings before granting a variance:
(1) That the granting of the variance will not constitute a grant of special privilege inconsistent with
the limitations on other properties classified in the same district;
(2) That the granting of the variance will not be detrimental to the public health, safety or welfare or
materially injurious to properties or improvements in the vicinity;
(3) That the variance is warranted for one (1) or more of the following reasons:
(i) The strict, literal interpretation and enforcement of the specified regulation would result in
practical difficulty or unnecessary physical hardship inconsistent with the objectives of the
Development Code;
(ii) There are exceptional or extraordinary circumstances or conditions applicable to the site of
the variance that do not apply generally to other properties in the same zone; or
Ordinance 25-06
7.16.110 Variance, Avon Municipal Code
(iii) The strict or literal interpretation and enforcement of the specified regulation would deprive
the applicant of privileges enjoyed by the owners of other properties in the same zone
district;
(4) That the necessity for pursuing a variance has not resulted from any act of the applicant or pre-
existing development pattern, use, or structure.
(e) Conditions. A variance granted by the PZC may contain limitations as to time or disposition or use of
the tract in question in order to ensure that the stated purpose of the variance request is realized.
Once the variance is granted, the variance shall run with the property until a significant modification to
the property has occurred and the variance is no longer necessary.
(f) Record of Decision. A Record of Decision will be executed and available for the public memorializing
PZC action.
(g) Expiration. The variance approval expires if a building permit is not obtained within one (1) year of the
approval.