Variances
Meaning
According to Commerce City’s
Land Development Code, “Variance shall mean a deviation from specific standards contained in this land development code.”
Each zoning classification requires development standards such as building setbacks, minimum lot area,s and parking requirements. In some situations, the strict application of the Land Development Code is inappropriate because the property cannot physically meet the requirements. Some of these physical restrictions may include the size, shape, or topography of the property. These are referred to as practical difficulties or hardships.
The variance procedure provides some flexibility in zoning requirements to allow development of unusual properties. According to state law, certain findings must be made to grant a variance and the variance procedure cannot be used to allow a use of land that is not authorized by the applicable zoning classification, otherwise known as a use variance.
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