The Board of Zoning and Building Appeals may authorize upon appeal in specific cases such variance from the terms of this Code as will not be contrary to the public interest according to the following procedures:
(a) Application Requirements. An applicant shall file an application for a variance with the Zoning Enforcement Officer for review by the Board of Zoning and Building Appeals upon the forms provided. The application shall be accompanied by the following requirements necessary to convey the reason for the requested variance:
(1) Name, address and phone number of applicant;
(2) Proof of ownership, legal interest or written authority;
(3) Description of property or portion thereof;
(4) Description or nature of variance requested;
(5) Narrative statements establishing and substantiating the justification for the variance pursuant to division (c) below;
(6) Site plans, floor plans, elevations and other drawings at a reasonable scale to convey the need for the variance;
(7) Payment of the application fee as established by Council;
(8) A list of all property owners immediately adjacent to, adjoining, abutting, or directly across the street from the property for which the variance is proposed, including their addresses and permanent parcel number as shown upon the County Auditor's current tax list; and
(9) Any other documents deemed necessary by the Zoning Enforcement Officer.
(b) Review for Completeness. Upon receipt of a written request for variance, the Zoning Enforcement Officer shall make a preliminary determination whether such application provides the information necessary for review and evaluation. If it is determined that such application does not provide the information necessary for such review and evaluation, the Zoning Enforcement Officer shall, within ten days, so advise the applicant of the deficiencies, and shall not further process the application until the deficiencies are corrected. When the application is deemed complete and the application fee has been paid, the Zoning Enforcement Officer shall officially accept the application for consideration of the action requested on the date such application is made.
(c) Review by the Board. According to the procedures established for appeals in Sections 1232.03 and 1232.04, the Board shall hold a public hearing and give notice of the same. The Board shall review each application for a variance to determine if it complies with the purpose and intent of this Code and evidence demonstrates that the literal enforcement of this Code will result in practical difficulty. The following factors shall be considered and weighed by the Board to determine practical difficulty:
(1) Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same zoning district. Examples of such special conditions or circumstances are exceptional irregularity, narrowness, shallowness or steepness of the lot, or adjacency to nonconforming and inharmonious uses, structures or conditions;
(2) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
(3) Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures;
(4) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer substantial detriment as a result of the variance;
(5) Whether the variance would adversely affect the delivery of governmental services such as water, sewer and trash pickup;
(6) Whether the property owner purchased the property with knowledge of the zoning restrictions;
(7) Whether special conditions or circumstances exist as a result of actions of the owner;
(8) Whether the property owner's predicament feasibly can be obviated through some method other than a variance;
(9) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting a variance;
(10) Whether the granting of the variance requested will confer on the applicant any special privilege that is denied by this regulation to other lands, structures, or buildings in the same district. Financial disadvantage to the property owner does not constitute conclusive proof of practical difficulty.
(d) Limitation on Board Decisions. The Board does not possess the power to grant a variance to permit a use of any land, building, or structure that is specifically prohibited by this Planning and Zoning Code, or to permit a use that is not a principal or special use permitted in the zoning district in which the parcel is located.
(e) Requests for Additional Information. The Board of Zoning and Building Appeals may request that the applicant supply additional information that the Board deems necessary to review and evaluate the request for a variance.
(f) Additional Conditions and Safeguards. The Board may further prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of the regulation or provision to which the variance applies will be met.
(h) Term and Extension of Variance. A variance shall be nonassignable and shall expire one year from the date of its enactment, unless prior thereto the applicant commences actual construction in accordance with the granted variance or an extension of time has been granted by the Board of Zoning and Building Appeals. Construction is deemed to have begun when all necessary excavation and piers or footings of the structure included in the application have been completed. There shall be no modification of variances except by further consideration of the Board. Once the time limit pursuant to this section has expired, a request for a variance shall be considered to be a new application for a variance and shall meet all requirements for application and review pursuant to this chapter.
(Ord. 58-01. Passed 5-29-01.)