(A) Purpose. The purpose of a variance is to provide for deviations from the requirements of this chapter including restrictions placed on non-conformities. Variances shall only be permitted when they are in harmony with the general purposes and intent of this chapter and when the variances are consistent with the comprehensive plan. Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the requirements of this chapter.
(B) Review Standards. PRACTICAL DIFFICULTIES, as used in connection with the granting of a variance, means:
(1) The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance.
(2) The plight of the landowner is due to circumstances unique to the property and not created by the landowner.
(3) Granting of the variance will not alter the essential character of the area or neighborhood where the property is located.
(4) Economic considerations alone do not constitute practical difficulties.
(5) There is inadequate access to direct sunlight for a solar energy system.
(C) Procedure. The procedures for application and public hearing of a variance request is described in § 152.031.
(D) Conditions. The Board of Appeals and Adjustments or the City Council may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance. No building permit may be issued except in compliance with the conditions of the variance.
(Ord. 2000-936; Am. Ord. 2011-1131, passed 10-24-11)