(A) The Mayor may grant an individual variance from the limitations prescribed in this article whenever it is found, after a public hearing before a Hearing Officer and upon presentation of adequate proof, that compliance with any part of this article will impose an undue economic burden upon any lawful business, occupation or activity, and that the granting of the variance will not result in a condition injurious to health or safety.
(B) Any variance, or renewal thereof, shall be granted within the requirements of division (A) of this section and for time periods and under conditions consistent with the reasons therefore, and within the following limitations:
(1) If the variance is granted on the grounds that compliance with the particular requirement or requirements will necessitate the taking of measures which, because of their extent or cost, must be spread over a considerable period of time, it shall be for a period not to exceed such reasonable time as, in the view of the Mayor, is requisite for taking of the necessary measures. A variance granted on the ground specified in this division shall contain a timetable for taking of action in an expeditious manner and shall be conditioned on adherence to the timetable; or
(2) If the variance is granted on the ground that it is justified to relieve or prevent hardship of a kind other than that provided for in division (1) of this division (B), it shall be for not more than one year.
(C) Any person seeking a variance shall file a petition for variance with the City Clerk's Office. The hearing shall be conducted after notice has been provided In accordance with this section and to make the final decision regarding the granting of the variance. The Hearing Officer shall conduct the hearing and accept documentary and testimonial evidence in accordance with accepted administrative hearing procedures
(D) Written notice of the public hearing shall be mailed by the Hearing Officer at least 10 days prior to the hearing to:
(1) the petitioner;
(2) the petitioner's agent;
(3) the owners as shown by the records of the County Assessor of lots comprising the site of the variance and lots within 100 feet, excluding public right-of-way, of the site of the variance;
(4) any neighborhood association or homeowner association that has notified the City Office of Neighborhood Coordination of two persons' addresses where it wishes notice to be sent if the site of the variance is within the neighborhood or homeowner association's boundaries or within 100 feet of the neighborhood or homeowner association's boundaries, excluding public right-of-way.
(5) any other person or entity that has filed with the Mayor a request to receive a notice of the variance proceeding.
(E) The notice of hearing shall set forth the name and address of the petitioner, the location of the site of the variance, that the petitioner has requested a variance from this ordinance, the nature of the requested variance, and that part of the ordinance that would be waived if approved.
(F) Following the hearing, the Hearing Officer shall render a written final decision including findings of fact and conclusions of law. The Hearing Officer shall mail the decision to all parties of record. The exclusive remedy for any parties to the administrative proceedings described in this paragraph shall be a petition for writ of certiorari to the State District Court. The petition for review shall be limited to the record made at the public hearing described herein.
('74 Code, § 6-22-4) (Ord. 21- 1975; Am. Ord. 30-1981; Am. Ord. 9-2001; Am. Ord. 42-2007; Am. Ord. 2017-002; Am. Ord. 2023-015)