§ 3-18.1. Variances from distance requirements.

Variances from the distance provisions of sections 3-18(a) and (b) may be granted by the Polk County zoning board of adjustment. Variance requests shall proceed in the same manner as variance requests from the provisions of Polk County Ordinance 70-3 as amended, or successor ordinance; provided, however, that any church or school within the distance prescribed by section 3-18(a) and (b) shall receive individual notice by mail. In hearing a variance request pursuant to the provisions of this section, the zoning board of adjustment shall consider existing land uses in the vicinity and any physical characteristics of the vicinity and may grant a variance from the distance provisions of section 3-18(a) and (b) upon a finding that the application of those subsections is not necessary under the circumstances of the case under consideration in order to defend and promote the public health, safety or general welfare.

(Ord. No. 83-1, § 1, 1-25-83)

Editor's note

Ord. No. 83-1, § 1, adopted Jan. 25, 1983, amended § IV of Ord. No. 75-4, adding a subsection 4-5, which the editor has codified as § 3-18.1. The zoning ordinance, 70-3, mentioned therein is not set out in the Code, but is on file in the office of the county clerk.