(A) General. The BZA shall hear and determine variance petitions from the requirements of this chapter. Variances shall be classified into two types: use variances which shall concern the granting of uses within a zoning district that are not permitted by right or by special exception within that zoning district; and development standard variances which shall concern the reduction of minimum development standards or the increase of maximum development standards. Additional conditions are established for variances within the Special Flood Hazard Area, as well as height restrictions.
(B) Application process. The petition process for both variance types is as follows:
(1) A variance petition shall be applied for in writing on a form provided by the Plan Commission. A combination of a use and development standard variance may be applied for in one petition, although the BZA may consider the requests separately.
(2) Every petition for a variance shall be accompanied by the following:
(a) All applicable fees;
(b) A list of affected parties;
(c) A legal description of the property, and
(d) A site sketch, not necessarily drawn to scale and on plain paper no smaller than 8 1/2 x 11 inches, showing:
1. All existing buildings and/or structures;
2. All property boundaries;
3. All adjacent streets and/or alleys;
4. All utility easements and facilities, such as telephone poles, gas meters, fire hydrants, and the like;
5. All driveways and parking spaces; and
6. Any other information the Planning Director may require.
(3) The BZA shall hear and determine all variance petitions during a public hearing.
(4) The disposition of the variance petition shall be by an affirmative vote of the BZA. The disposition of the petition shall be covered by BZA Rules of Procedure adopted by resolution.
(C) Use variance findings of fact. A use variance may be approved only upon written findings of fact that:
(1) The approval will not be injurious to the public health, safety, morals, and general welfare of the community;
(2) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;
(3) The need for the variance arises from some condition peculiar to the property involved;
(4) The need for the variance was not self-created;
(5) The strict application of the terms of this chapter will constitute an unnecessary hardship if applied to the property for which the variance is sought; and
(6) The approval does not interfere substantially with the comprehensive plan.
(D) Use variance conditions. When approving use variances, the BZA may impose reasonable conditions as a part of its approval.
(E) Development standard variance findings of fact. A development standard variance may be approved only upon written findings of fact that:
(1) The approval will not be injurious to the public health, safety, morals, and general welfare of the community.
(2) The need for the variance was not self-created.
(3) The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner, and
(4) The strict application of the terms of this chapter will result in practical difficulties in the use of the property.
(Ord. 4-2009, passed 3-9-09)