(A) Definition. For the purposes of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
VARIANCE. A relaxation of the requirements of this chapter that are applicable to a particular lot, structure, or use. A so-called use variance (which would allow a use that is neither permitted nor special in the district in question) is not a variance; it is an amendment, and may be granted only as provided for in § 162.574 of this chapter. No use or area/bulk variance shall be granted if it is in conflict with the standards of division (B) below. Any area/bulk or use variance approved expires in one year unless substantial development (in excess of 80%) has been completed.
(B) The City Council shall not grant a variance unless it shall, in each case, make specific written findings based upon the particular evidence presented to it that supports 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;
(4) The variance granted does not allow for the establishment of a defined use identified within other underlying zoning districts;
(5) Granting the variance desired will not violate the general spirit and intent of this chapter.
(1960 Code, § 60-12-14) (Ord. 6338, passed 10-1-2001; Ord. 9056-2022, passed 5-16-2022)