17-13-1100 Variations.

   17-13-1101 Applicability; Authorized Variations.

      17-13-1101-A The Zoning Board of Appeals is authorized to grant a variation for any matter expressly authorized as an administrative adjustment in Sec. 17-13-1001.

      17-13-1101-B The Zoning Board of Appeals is authorized to grant a variation to permit a reduction in any setback required by applicable regulations or to permit a building or structure to be erected, converted or located within a Special Transportation Corridor Overlay District, as described in Sec. 17-7-0400*.

* Editor's note – Coun. J. 11-30-05, p. 62727, deleted § 17-7-0400.

      17-13-1101-C The Zoning Board of Appeals is authorized to grant a variation reducing off-street parking requirements by not more than 2 spaces in an RT4, RM4.5 or RM5 district or by not more than 5 spaces or 20%, whichever is greater, in an RM5.5, RM6 or RM6.5 district when the building for which the variation is requested has been in lawful existence for 50 or more years.

      17-13-1101-D Except as otherwise expressly stated, the Zoning Board of Appeals is authorized to grant a variation reducing applicable off-street parking or loading requirements by not more than one parking space or loading space or 20% of the applicable regulations, whichever number is greater.

      17-13-1101-E The Zoning Board of Appeals is also authorized to grant a variation reducing the length of any required 50-foot off-street loading space, but in no event to a length of less than 25 feet.

      17-13-1101-F The Zoning Board of Appeals is authorized to grant a variation increasing, by not more than 25%, the maximum distance that required parking spaces are permitted to be located from the use served.

      17-13-1101-G The Zoning Board of Appeals is authorized to grant a variation allowing any permitted nonresidential use in a residential district to exceed the floor area ratio imposed by the applicable regulations, or to allow the expansion or enlargement of any permitted residential use in an RS3, RT3.5, RT4, RM4.5, or RM5 district by an amount not to exceed 15% of the floor area in existence 50 years before the date the variance application is filed.

      17-13-1101-H The Zoning Board of Appeals is authorized to grant a variation allowing up to a 10% increase in the maximum gross floor area of any commercial establishment or industrial establishment.

      17-13-1101-I The Zoning Board of Appeals is authorized to grant a variation allowing parking lots in R districts to be open or illuminated or both between the hours of 10 p.m. and 7 a.m.

      17-13-1101-J The Zoning Board of Appeals is authorized to grant a variation increasing the area occupied by any accessory building in a required rear setback by not more than 10%.

      17-13-1101-K The Zoning Board of Appeals is authorized to grant a variation allowing a Residential Support Service use to exceed 5,000 square feet in area, provided all other standards of Sec. 17-9-0114 are met.

      17-13-1101-L The Zoning Board of Appeals is authorized to grant a variation allowing a wireless communications facility that does not satisfy the spacing, height or setback standards of Sec. 17-9-0118.

      17-13-1101-M The Zoning Board of Appeals is authorized to grant a variation allowing an establishment requiring a public place of amusement license under Article III of Chapter 4-156 of this Code to locate within 125 feet of any RS1, RS2 or RS3 district.

      17-13-1101-N The Zoning Board of Appeals is authorized to grant variations allowing new curb cuts and driveway access along Class 1 Streets. (See Sec. 17-4-0700)

      17-13-1101-O The Zoning Board of Appeals is authorized to grant variations from the minimum lot frontage standards of the SD-1 and SD-2 districts.

      17-13-1101-P The Zoning Board of Appeals is authorized to grant variations from the minimum lot frontage and setback requirements of the SD-8 district.

      17-13-1101-Q The Zoning Board of Appeals is authorized to grant variations for properties in the SD-10 district allowing:

         1.   a building height increase of up to 10%; and

         2.   waiver or modification of the building orientation and parking access requirements for parcels lacking alley access or when other circumstances impose hardship conditions.

      17-13-1101-R The Zoning Board of Appeals is authorized to grant variations permitting the use of a lot for a use otherwise prohibited solely because of the insufficient area of the lot, but in no event may the area of the lot be less than 90% of the required minimum lot area.

      17-13-1101-S The Zoning Board of Appeals is authorized to grant variations increasing by not more than 20% the gross area of any sign.

      17-13-1101-T The Zoning Board of Appeals is authorized to grant a variation from the minimum lot area requirements for gas stations provided that they have at least 10,000 square feet of lot area.

      17-13-1101-U The Zoning Board of Appeals is authorized to grant a variation allowing direct street access to off-street parking for parcels for when alley access for such parking is prevented by a utility pole or other public appurtenance.

   17-13-1102 Applications. An application for a variation must be filed with the Zoning Board of Appeals.

   17-13-1103 Hearing. The Zoning Board of Appeals must hold a hearing to consider the application. Written, Published and Posted Notice of the Zoning Board of Appeals' public hearing must be provided in accordance with Sec. 17-13-0107-A, Sec. 17-13-0107-B and Sec. 17-13-0107-C.

   17-13-1104 Action by Zoning Board of Appeals. The Zoning Board of Appeals is the final decision- making body on variation applications. A concurring vote of 3 members of the Zoning Board of Appeals is necessary to grant a variation.

   17-13-1105 Conditions of Approval. In granting a variation, the Zoning Board of Appeals may impose conditions upon the subject property that are necessary to reduce or minimize any potentially adverse impacts on other property in the neighborhood, and to carry out the stated purpose and intent of this Zoning Ordinance (See Sec. 17-1-0500).

   17-13-1106 Lapse of Approval; Discontinuance. An order of the Zoning Board of Appeals granting approval of a variation is valid for 12 months from the date of such order unless a complete application for a building permit is submitted and diligently pursued or the use is commenced. If a complete building permit application is not submitted or the use is not commenced within such time, the approval will lapse and become null and void.

   17-13-1107 Approval Criteria and Review Factors.

      17-13-1107-A Approval Criteria. The Zoning Board of Appeals may not approve a variation unless it makes findings, based upon the evidence presented to it in each specific case, that:

         1.   strict compliance with the regulations and standards of this Zoning Ordinance would create practical difficulties or particular hardships for the subject property; and

         2.   the requested variation is consistent with the stated purpose and intent of this Zoning Ordinance (See Sec. 17-1-0500).

      17-13-1107-B Evidence of Practical Difficulties or Particular Hardship. In order to determine that practical difficulties or particular hardships exist, the Zoning Board of Appeals must find evidence of each of the following:

         1.   the property in question cannot yield a reasonable return if permitted to be used only in accordance with the standards of this Zoning Ordinance;

         2.   the practical difficulties or particular hardships are due to unique circumstances and are not generally applicable to other similarly situated property; and

         3.   The variation, if granted, will not alter the essential character of the neighborhood.

      17-13-1107-C Other Review Factors. In making its determination of whether practical difficulties or particular hardships exist, the Zoning Board of Appeals must take into consideration the extent to which evidence has been submitted substantiating the following facts:

         1.   the particular physical surroundings, shape or topographical condition of the specific property involved would result in a particular hardship upon the property owner as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out;

         2.   the conditions upon which the petition for a variation is based would not be applicable, generally, to other property within the same zoning classification;

         3.   the purpose of the variation is not based exclusively upon a desire to make more money out of the property;

         4.   the alleged practical difficulty or particular hardship has not been created by any person 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; and

         6.   The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.

(Added Coun. J. 5-26-04, p. 25275; Amend Coun. J. 3-9-05, p. 44391; Amend Coun. J. 4-6-05, p. 46179; Amend Coun. J. 9-13-06, p. 84870, § 2; Amend Coun. J. 12-12-07, p. 17737, § 2; Amend Coun. J. 4-19-17, p. 48180, Art. V, § 41)