In order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of the Development Code as would result from strict or literal interpretation and enforcement, variances from certain regulations may be granted. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or the location of existing structures thereon; from topographic or physical conditions on the site or in the immediate vicinity; or from other physical limitations, street locations or traffic conditions in the immediate vicinity. Cost or inconvenience to the applicant of strict or literal compliance with a regulation shall not be a reason for granting a variance. It is not the intent of this Section to allow variances in the classification of uses of property.
(a) Review procedures. Applications for a variance shall follow the general review procedures set forth in §9-3-20, General Procedures and Requirements. Applications for variance may be initiated by the owner of property for which a variance is desired.
(b) Review authority. The Board of Adjustment shall review and render a decision on an application for a variance after conducting a public hearing. The decision of the Board of Adjustment may be appealed to Board of Trustees pursuant to §9-3-130, Appeal.
(c) Review criteria. The Board of Adjustment shall use the following review criteria as the basis for a decision on an application for a variance:
(1) The degree to which relief from the strict or literal interpretation and enforcements of a specified regulation is necessary to achieve compatibility and uniformity of treatment among sites in the vicinity, or to attain the objectives of the Development Code without grant of special privilege;
(2) The effect of the requested variance on light and air, distribution of population, transportation and traffic facilities, public facilities and utilities and public safety; and
(3) Such other factors and criteria related to the subject property, proposed development, or variance request as the decision-making body deems applicable to the proposed variance.
(d) Required findings. The Board of Adjustment shall make the following written findings before granting a variance:
(1) That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same district;
(2) That the granting of the variance will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity;
(3) That the variance is warranted for one or more of the following reasons:
a. The strict, literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the Development Code;
b. There are exceptional or extraordinary circumstances or conditions applicable to the site of the variance that do not apply generally to other properties in the same zone; or
c. The strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties in the same zone district;
(e) Conditions. A variance granted by the Board of Adjustment may contain limitations as to time or disposition or use of the tract in question in order to ensure that the stated purpose of the variance request is realized.
(f) Action notice. The City Manager shall notify the applicant for a variance in writing of the Board of Adjustment's action within five (5) days after a decision has been rendered.
(g) Expiration. The variance approval expires if a building permit is not obtained within one (1) year of the approval.
(Ord. 395 §3, 2016)