(A) Public hearings on applications. The Commission shall hold public hearings upon all applications for a variation and, after a public hearing, report its recommendation to Council with findings based upon the standards prescribed in division (F) of this section.
(B) Applications. An application for a variation, on a form to be supplied by the Commission with the required filing fee may be made by any office, department, board or commission of the city or by any person, firm, corporation or other legal entity having a fee simple interest, an enforceable contractual interest or an option to purchase the land or land and improvements described in the application.
(C) Accompanying documentation. An application regarding a variation shall be accompanied by a set of drawings, including a block diagram with street numbers, lot and block numbers and street frontage, showing the character and occupancy of all property within 250 feet of the property for which the application is being filed. An applicant shall also be required to submit other documentation as may be requested by the Commission.
(D) Fees and escrow. In addition to the applicable fee, any applicant filing an application for a variation after commencement of construction for which a variance is required under the Zoning Code shall deposit with the Director of Finance an amount deemed necessary by the designated city official responsible for the issuance of permits, to remove and restore the subject premises to its condition prior to the commencement of construction in the event the application for a variation is denied.
(E) Notice of hearing. A notice of the time and place of a public hearing shall be published in a paper of general circulation in the city not more than 30 nor less than 15 days prior to the hearing. The notice shall contain the address or location of the property of which the variation is sought, as well as a brief description of the nature of the variance.
(F) Standards for approval. The Commission shall, after a public hearing, make findings, based upon the evidence presented to it in each specific case, that:
(1) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the Zoning Code were to be carried out;
(2) The conditions upon which an application for a variation is based are unique to the property for which the variance is sought and are not applicable, generally, to other property within the same zoning classification;
(3) The purpose of the variation is not based primarily upon a desire to increase financial gain;
(4) The alleged difficulty or hardship is caused by the Zoning Code and has not been created by any persons presently having an interest in the property;
(5) The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located;
(6) The granting of the variation will not alter the essential character of the neighborhoods; and
(7) The proposed variation will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion of the public streets, increase the danger of fire, impair natural drainage, create drainage problems on adjacent properties, endanger the public safety or substantially diminish or impair property values within the neighborhood.
(G) Time limits. No ordinance granting a variation from the Zoning Code shall be valid longer than six months after its enactment, unless a building permit is obtained within the period and the erection or alteration of the building is started and completed in accordance with the terms of the ordinance and the building permit.
(Ord. 17-34, passed 9-12-2017)