[R.O. 2011 §34-142.1; Ord. No. 6139 §1(Exh. A (part)), 1997]
The Board of Adjustment may authorize variances where there are practical difficulties or unnecessary hardships in carrying out the strict letter of this Chapter, so that the spirit of this Chapter shall be observed, public safety and welfare secured, and substantial justice done. However, no variance shall be authorized unless the Board of Adjustment determines that the standards set forth in Section 400.2950 have been complied with.
[R.O. 2011 §34-142.2; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
An
application for variance shall be filed in the office of the Zoning
Administrator who shall forward the application to the Board of Adjustment.
The application shall contain the following information as well as
such additional information as the Board of Adjustment may prescribe
by regulation filed with the City Clerk:
1.
The particular requirements of this Chapter which prevent the proposed
use or construction;
2.
The unique characteristics of the subject property which prevent
compliance with the requirements of this Chapter;
3.
The practical difficulty or particular hardship which would result
if the particular requirements of this Chapter were applied to the
subject property; and
4.
The reduction or modification of the minimum requirements of this
Chapter which would be necessary to permit the proposed use or construction.
[R.O. 2011 §34-142.3; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
In determining whether the evidence presented supports the findings required by Section 400.2950, the Board of Adjustment shall consider the extent to which the evidence demonstrates that:
1.
The particular physical surroundings, shape or topographical condition
of the property involved would result in a practical difficulty or
unnecessary hardship upon or for the owner, lessee, or occupant, as
distinguished from an inconvenience, if the provisions of this Chapter
were literally enforced;
2.
The request for a variance is not based primarily upon the desire
of the owner, lessee, occupant or applicant to secure a greater financial
return from the property;
3.
The granting of the variance will not be materially detrimental or
injurious to other property or improvements in the neighborhood in
which the property is located; and
4.
The proposed variance will not impair an adequate supply of light
or air to adjacent property, substantially increase the congestion
in the public streets, increase the danger of fire, endanger the public
safety, or substantially diminish or impair property values within
the neighborhood.
[R.O. 2011 §34-142.4; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
The
Board of Adjustment shall not grant a variance unless it shall, in
each case, make specific written findings of fact directly based upon
the particular evidence presented to it that support the following
conclusions:
1.
The variance requested arises from a condition which is unique to
the property in question and which is not ordinarily found in the
same zoning district, and is not created by an action or actions of
the property owner or the applicant;
2.
The strict application of the provisions of this Chapter from which
a variance is requested will constitute unnecessary hardship upon
the property owner represented in the application;
3.
The variance requested will not adversely affect the adjacent properties
or public health, safety, order, convenience or general welfare of
the community; and
4.
Granting the variance desired will not violate the general spirit
and intent of this Chapter.
[R.O. 2011 §34-142.5; Ord. No. 6139 §1(Exh. A (part)), 1997]
The existence of any non-conforming situation anywhere in the
City shall not itself be considered grounds for the issuance of a
variance to the regulations applicable to other property.
[R.O. 2011 §34-142.6; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
In
granting a variance, the Board of Adjustment may impose such conditions
and restrictions upon the property benefitted by the variance as may
be necessary to reduce or minimize any potentially injurious effect
of such variance upon other property in the neighborhood, and to carry
out the general purpose and intent of this Chapter.
B.
A
variance may be issued for a specified duration as it applies to the
existence of the structure for which the variance was granted.
[R.O. 2011 §34-142.7; Ord. No. 6139 §1(Exh. A (part)), 1997]
A.
Decision. The Board of Adjustment shall render a written
decision on an application for a variance without unreasonable delay.
B.
Period Of Validity. No variance granted by the Board of
Adjustment shall be valid for a period longer than one (1) year from
the date on which it grants the variance, unless within such period:
1.
A building permit is obtained and the construction, alteration, or
moving of the structure is commenced.
2.
If applicable, an occupancy permit is obtained and the use commenced.
The Board of Adjustment may grant extensions not exceeding one
hundred eighty (180) days each, upon written application, without
notice or hearing.
3.
Resubmittal of variance request. In the event that
a variance is denied, no request for the same variance shall be accepted
by the City for a period of one (1) year from the time the Board denied
the original request.
