A. Purpose. The purpose of the variance is to allow variation from the strict application of the terms of this Title where, by reason of the exceptional physical characteristics of the property, the literal enforcement of the requirements of this Title would cause practical difficulties for the landowner.
B. General provisions. In no case may a variance be granted to permit a use other than a use permitted in the district. Nonconforming uses, land, structures or buildings in the same district or other districts may not be considered grounds for issuance of a variance.
C. Procedures. The procedure for variance review is as follows:
1. The property owner or his agent shall meet with the Community Development Director to be advised of the procedures and obtain an application form.
2. The applicant shall file the completed application form together with the required exhibits and fees pursuant to City Code Section 11-2-17 with the Community Development Director.
3. The Community Development Director shall submit the application to the Planning Commission for its review, comment and recommendation to the City Council.
4. The City shall hold a public hearing on the application pursuant to City Code Section 11-2-3.
6. The City Council may impose such restrictions or conditions as may be necessary to comply with the standards established by this Title, or to reduce or minimize the impacts upon other properties in the neighborhood and to better carry out the intent of the Comprehensive Plan and the Zoning Code. Any condition must be directly related to and must bear a rough proportionality to the impact created by the application.
D. Required site plan application information and materials. The following information and materials shall be required for the application:
1. A complete application form signed by all property owners.
2. All required fees and escrows.
3. A statement identifying all property owners of all land included within the proposal obtained from Washington County or a title or abstract company.
4. Accurate and to-scale development plans for the project area, the number of which to be provided as indicated on the application form, including the following minimum information:
a. North point and graphic engineering scale.
b. Locations and dimensions for existing and/or proposed buildings or other structure(s); setbacks; walkways and bikeways; off-street parking and driveways; refuse and service areas including screening materials; loading areas and docks; any fencing including material type; and any signs.
E. Such other information as required by the City.
F. Findings. A variance may be granted only when all of the following conditions are found:
1. The variance is in harmony with the general purposes and intent of this Title.
2. The variance is consistent with the Comprehensive Plan.
3. The applicant for the variance establishes that there are practical difficulties in complying with this Title. “Practical difficulties,” as used in connection with the granting of a variance, means that all of the following must be found to apply:
a. The property owner proposes to use the land in a reasonable manner for a use permitted in the zone where the land is located, but the proposal is not permitted by other official controls;
b. The plight of the landowner is due to circumstances unique to the property and that are not created by the landowner; and
c. The variance, if granted, will not alter the essential character of the neighborhood.
4. Economic considerations alone do not constitute practical difficulties.
G. Precedents. A previous variance must not be considered to have set a precedent for the granting of further variances. Each case must be considered on its merits.
H. Lapse. Lapse of approval is governed by City Code Section 11-2-12.