A property owner may apply for a variance to this chapter as will not be contrary to the public interest, where owing to special conditions there are practical difficulties or particular hardships in the way of achieving strict compliance with the provisions of this chapter. However, the Board of Adjustment shall have only the powers to vary yard regulations, lot area regulations and parking regulations. Additionally, the Board of Adjustment shall have the power to hear and decide appeals as provided in Section 165.55 subject to the provision that a decision on an application for a variance may not again be presented to the Board of Adjustment in the form of an appeal thereon. The procedures for submission of a variance request or application to the Board of Adjustment shall be as follows:
(Ord. 2022-1010 – Mar. 23)
1. An application form for a variance, available from the Zoning Administrator, shall be completed in full and filed with the Zoning Administrator along with the required application fee.
2. Supporting information is provided with the application for a variance including a site plan indicating set back lines, building locations, proposed and existing uses and other such information as the Zoning Administrator may require to ascertain the extent and nature of the requested variance.
3. The Zoning Administrator shall determine a complete application has been submitted and set the date of a public hearing, pursuant to Section 165.58 before the Board of Adjustment. The hearing shall be set within thirty (30) days of receipt of the complete application.
4. The Board of Adjustment shall act upon the variance request within thirty (30) days of the public hearing. Failure to act within thirty (30) days shall constitute denial of the request.
5. Variance Findings. No variance to the strict application of any provision of this chapter shall be granted by the Board of Adjustment unless the property owner demonstrates that all of the following elements are present:
A. Not contrary to the public interest:
(1) The proposed variance will not threaten neighborhood integrity or have a substantially adverse affect on the use or value of other properties in the area adjacent to the property included in the variance.
(2) The proposed variance will be in harmony with the general purpose and intent of this chapter, and will not contravene the objectives of the Community Plan.
B. Unnecessary hardship:
(1) The property in question cannot yield a reasonable return unless the requested variance is allowed; and
(2) The owner’s situation is unique or peculiar to the property in question; it is not shared with other landowners in the area nor due to general conditions in the neighborhood; and
(3) The hardship is not of the landowner’s own making or of a predecessor in title.
6. Conditions of Variance. In permitting a variance, the Board of Adjustment may impose appropriate conditions and safeguards which the Board of Adjustment deems necessary to fulfill the purpose and intent of this chapter.