Lincoln Municipal Code Ch. 18.58 Variances

Where practical difficulties, unnecessary hardships or results inconsistent with the purpose and intent of this title may result from the strict application of the terms of this title, variances from such requirements may be granted as provided by this chapter. Refer to section 18.56.030 for variance terms and expirations.

(Ord. No. 1081B, § 5(5.1E), 8-27-2024; Ord. 458B §7(part), 1984: Ord. 357B §6.03.000(1, 2), 1979)

The planning commission, or in the case of applications for variances pursuant to Section 18.58.050 the city planner, may grant a variance when it is determined that:

(1) The applicant has shown that because of special circumstances applicable to the subject property, including size, shape, topography, location, buildings, or surroundings, the strict application of the requirements of this title are found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under the same classification.

(2) The grant of the variance would not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and the district in which the subject property is situated.

(Ord. 458B §7(part), 1984: Ord. 357B §6.03.000(3), 1979)

The planning commission and the city planner shall not grant a variance which is not otherwise expressly authorized by the zoning regulation governing the parcel of property for which the variance is requested.

(Ord. 458B §7(part), 1984: Ord. 357B §6.03.000(4), 1979)

Whenever the planning commission or the city planner grants or denies a variance, the planning commission or the city planner, as the case may be, shall set forth in writing the findings on which the decision is based.

(Ord. 458B §7(part), 1984)

The city planner shall have authority to grant a variance from height and yard requirements up to 35 percent of the requirement set forth in the title, upon determining that the criteria set forth in Section 18.58.020 have been met and making the findings required by Section 18.58.020. The city planner may, in his or her discretion, schedule for hearing by the planning commission any application for a variance under his or her authority. The planning commission shall have the authority to grant all applications for variances.

(Ord. 458B §7(part), 1984)

Any applicant or other person aggrieved by a decision made by the city planner under Section 18.58.050 may appeal to the planning commission under Chapter 18.94.

(Ord. 458B §7(part), 1984)