(A) Purpose. The City Council, by ordinance, may grant a variation in the regulations of this chapter in harmony with their general purpose and intent, only in the specific instances and in accordance with standards and procedures hereinafter set forth.
(B) Procedure. An application for a variation shall be filed in writing with the Zoning Administrator on forms recommended by the Planning and Zoning Board of Appeals and prepared by the Zoning Administrator. Such application shall be forwarded from the Zoning Administrator to the Planning and Zoning Board of Appeals with a request to hold a public hearing and thereafter set forth its findings and recommendations to the City Council. Notice of the time and place of such public hearing shall be published at least once, not more than 30 days, or less than 15 days, before the hearing, in a newspaper of general circulation published within the city. The published notice may be supplemented by such additional notice as the Planning and Zoning Board of Appeals by rule, may require.
(1) Standards. The City Council shall not vary the regulations relating to use, construction or alteration of buildings or structures or the use of land as authorized in this chapter, unless the Planning and Zoning Board of Appeals shall have made findings based upon the evidence presented to it in each specific case that the following conditions have been complied with:
(a) The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in the district in which it is located;
(b) The proposed variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship which would result if the strict letter of the regulations were carried out and which is not generally applicable to other property within the same district;
(c) The alleged hardship has not been created by any person presently having a proprietary interest in the premises;
(d) The proposed variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood;
(e) The proposed variation will not impair an adequate supply of light and air to adjacent property, substantially increase congestion in the public streets, increase the danger of fire or endanger the public safety;
(f) The proposed variation will not alter the essential character of the neighborhood; and
(g) The proposed variation is in harmony with the spirit and intent of this chapter.
(2) Recommend. The Planning and Zoning Board of Appeals may recommend the imposition of such conditions and restrictions upon the premises benefitted by a variation as may be necessary to comply with the standards established above, to reduce or minimize the effect of such variation upon other properties in the neighborhood, and to better carry out the general intent of this chapter.
(C) Authorized variations.
(1) Variations from the regulations of this chapter shall be granted by the City Council only in accordance with the standards established in this section and only in the following instances:
(a) To permit any yard or setback less than a yard or a setback required by the applicable regulations, or an impervious coverage of 10% or less of the allowed impervious lot area;
(b) To permit the use of a lot or lots for a use otherwise prohibited solely because of insufficient area or width of the lot or lots, but in no event shall the respective area and width of the lot or lots be less than 75% of the required area and width;
(c) To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week;
(d) To reduce the applicable off-street parking or loading facilities required by not more than one parking space or loading space, or 20% of the applicable regulations, whichever number is greater;
(e) To increase by not more than 25% the maximum distance that required parking spaces are permitted to be located from the use served;
(f) To allow a fence, wall or hedge in excess of the height limitations specified in this chapter; and
(g) In such other instances as may be provided by law.
(2) No ordinance of the City Council granting a variance shall be valid for a period longer than six months from the date of such ordinance unless the building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced with such period.
(Prior Code, § 166.092) (Ord. 2151, passed 6-28-1971; Ord. 2021-019, passed 6-22-2021; Ord. 2021-043, passed 9-14-2021)