Ross Municipal Code § 18.48 Referenced Standards

18.48.020 Application--Contents. 18.48.030 Conditions. 18.48.040 Public hearing. 18.48.045 Denial of incomplete or inactive applications.

(Ord. 728 (part), 2025)

18.48.010 Chapter application. Where practical difficulties, unnecessary hardships and results inconsistent with the general purpose of this title may result from the strict application of certain provisions thereof, variances and exceptions may be granted, by the town council in appropriate cases, after public notice and hearing as provided herein and as further provided in Sections 18.48.020 and 18.48.030.

(1) Variances shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

(2) Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

(3) A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. The provisions of this section shall not apply to use permits. (Ord. 728 (part), 2025; Ord. 375 §7, 1977; prior code §10 112 (part)).

Application for any variance and/or exception shall be made in writing in the form, and accompanied by the fee, prescribed by the town council and shall contain a statement and adequate evidence showing:

(1) That there are special circumstances or conditions applicable to the land, building or use referred to in the application;

(2) That the granting of the application is necessary for the preservation and enjoyment of substantial property rights;

(3) That the granting of the application will not materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. (Ord. 728 (part), 2025; Prior code §10 112 (part)).

In granting any varianceand/or exception under the provisions of this chapter, the town council shall designate such conditions in connection therewith as will in its opinion, secure substantially the objectives of the regulation or provision to which the variance, exception or adjustment is granted, as to light, air, and the public health,

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safety, comfort, convenience and general welfare. In order to grant any variance and/or exception, the findings of the town council shall be that the qualifications under Section 18.48.020 apply to the land, building, or use for which a variance and/or is sought, and that the variance/exception shall be in harmony with the general purpose of this title. (Ord. 728 (part), 2025; Prior code §10 112 (part)).

18.48.040 Public hearing. A public hearing shall be held as provided in Section 18.44.020, except that notices need only be mailed to owners within three hundred feet and no published notice need be given. (Prior code §10 112 (part)).

Consistent with state law, the Planning and Building Director or their designee may administratively deny without prejudice any application which remains incomplete or inactive for a period of greater than ninety days, or is continued at the applicant's request for more than sixty days. (Or.d 728 (part), 2025; Ord. 584 §4, 2004).

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Chapter 18.50

DEMOLITION OF STRUCTURES

Sections: