18-23-101. INITIATION OF VARIANCE PROCEDURE; PETITION REQUIRED.

1. Who May Seek a Variance. To seek a variance, the applicant must submit a written petition to the Commission. A petition may be filed by one or more of the following entities or persons:
   1. The owner of the property;
   2. Whenever the property is held in trust, the beneficial owner;
   3. A purchaser of the property, with the written consent of the owner; or
   4. A lessee of property, with the written consent of the owner; or
   5. The duly authorized agent of any of the foregoing;
   6. Any tribal government official acting in his official capacity; and
   7. Any person whose interests are or would be adversely affected by the uses of the land allowed under this Title if not altered.
2. Petition Requirements. A petition for a variance must contain, at a minimum, the following information:
   1. The name and address of the property owner and, if different, the applicant;
   2. The legal description of the property;
   3. The nature of the variance sought;
   4. The names and last known addresses of owners of property within 500 feet of the property proposed for variance and proof that notice of the application has been provided to those persons by the applicant; and
   5. The grounds upon which the variance is sought, responding to each condition that must be met for a variance, set out in § 18-23-103 of this Chapter.