1159.01 DETERMINATIONS.
Where specifically authorized by the provisions of this Code, the Commission may, subject to Section 1159.02 below, with the consent and approval of Council, make a determination that a requested Use which is not expressly listed as a permitted use within a particular Use District is a similar, harmonious, and compatible use within said District where the approval of said Use will not adversely affect other properties and is consistent with the spirit and intent of both the Use District and this Code. Where a Use is determined by the Commission and Council to be similar, harmonious, and compatible to the listed permitted uses in a District, it shall thereafter be treated as a permitted Use within the identified Use District. Such determinations by the Commission and Council shall be considered interpretations of this Code and not Use variances.
(Ord. 2018-94. Passed 10-21-19.)
1159.02 VARIANCE AUTHORITY.
(a) The Commission may authorize, upon appeal, in specific cases, such area variances from the terms of Chapters 1113, 1114, 1141, 1143, 1145,1146, 1157 of this Code, and Chapter 935 of the Streets and Public Services Code, as will not be contrary to the public interest, where, owing to special conditions or unique circumstances, a literal enforcement of the provisions or requirements this Code will result in a practical difficulty and so that the spirit of this Code shall be observed and substantial justice done.
(b) Except as specifically provided in Subsection (a) hereof, the Commission may recommend and the Council may authorize, upon appeal, in specific cases, such variances from the terms of this Code as will not be contrary to the public interest, where, owing to special conditions or unique circumstances, a literal enforcement of the provisions or requirements this Code will result in unnecessary hardship or practical difficulty and so that the spirit of this Code shall be observed and substantial justice done.
(Ord. 2018-94. Passed 10-21-19.)
1159.03 VARIANCE APPLICATIONS.
Each application for a variance shall be accompanied by a statement of justification for the requested variance along with substantiating evidence regarding the required findings of fact as set forth herein. It shall be the responsibility of each applicant to provide sufficient information and clear and convincing evidence to support the requested variance.
(Ord. 2018-94. Passed 10-21-19.)
1159.04 AREA VARIANCES.
No appeal for an area variance, that is a variance involving provisions relating to spatial or dimensional requirements, such as yard dimensions, setbacks, height, parking, or similar requirements or provisions of this Code, shall be recommended or granted by the Commission or granted by Council unless the Commission and/or Council determine by clear and convincing evidence that a practical difficulty exists or will result from the literal enforcement of the Code. The following standards shall be considered and weighed by the Commission and Council in determining whether the granting of an area variance is warranted to afford relief of a practical difficulty:
(a) Whether the property in question will yield a reasonable return and whether there can be any beneficial use of the property without the variance.
(b) Whether the variance is substantial.
(c) Whether the essential character of the neighborhood will be substantially altered and whether adjoining properties will suffer interference with their proper future development and rights as a result of the variance.
(d) Whether the variance will adversely affect the delivery of governmental services (i.e. water, sewer, garbage, fire, police, or other).
(e) Whether the property owner purchased the property with knowledge of the zoning restriction.
(f) Whether the property owner's predicament can be obviated through some method other than a variance.
(g) Whether the spirit and intent of the Code will be observed and substantial justice done by granting the variance.
(h) Whether granting of the variance will be contrary to the general purpose, intent, and objective of the specific Use District.
(i) Whether the variance requested arises from a condition or circumstance which is unique to the subject site and which is not generally shared by other properties in the same zoning district or general vicinity.
(j) Whether the practical difficulty is created by the Code and not by any action or actions of the property owner or the applicant.
(k) Whether the variance desired will adversely affect the public health, safety, or general welfare.
(l) Whether the variance requested is the minimum variance necessary to afford relief to the property owner.
(Ord. 2018-94. Passed 10-21-19.)
1159.05 USE VARIANCES.
No appeal for a use variance, that is, a variance for the approval of a use which is not permitted in the district, shall be recommended by the Commission or granted by Council unless the Commission and Council determine by clear and convincing evidence that an unnecessary hardship exists or will result from the literal enforcement of the Code. The following standards shall be considered and weighed by the Commission and Council in determining whether the granting of a use variance is warranted to afford relief of an unnecessary hardship:
(a) Whether uses permitted in the district may be reasonably established on the property and whether the permitted uses are economically viable on the property in question without the variance.
(b) Whether the variance is the minimum variance necessary to afford relief to the property owner.
(c) Whether the essential character of the neighborhood will be substantially altered or adjoining properties will suffer interference with their proper future development and rights as a result of the variance.
(d) Whether the variance requested arises from an exceptional condition or circumstance which is unique to the subject site and which is not generally shared by other properties in the same zoning district or general vicinity.
(e) Whether the hardship condition was created by actions of the applicant.
(f) Whether the spirit and intent of the Code will be observed and substantial justice done by granting the variance.
(g) Whether the use requested is similar in character to the permitted uses in the subject district.
(h) Whether the subject property is adequate to meet the needs and requirements of the proposed use.
(Ord. 2018-94. Passed 10-21-19.)
Loading...