(A) Purpose. This subchapter affords property owners a process by which variations from certain provisions of this chapter may be considered in order to prevent unnecessary and undue hardship that may be caused by the literal enforcement of the provisions of this chapter.
(B) Applicability. Variances may be granted with respect only to the following provisions of this chapter:
(1) Area and bulk regulations in Table IV-2 (Appendix B) or in §§ 150.030 et seq., Supplementary Use Regulations,
(2) Parking space requirements in Table IV-1 (Appendix A), loading and landscaping requirements,
(3) Sign height and area requirements, of up to a 50% variation.
(C) Classification of Variations. In order to ensure efficient consideration of all applications for variances under the provisions of this chapter, said applications shall be separated and classified as either a minor or major variance according to the degree of non-compliance said variance will produce in relation to the amount required for full compliance with the applicable provisions of this chapter.
(1) Minor Variance. Applications seeking relief from specific provisions of this chapter, which will produce an increase or decrease in the degree of compliance by not more than 25% of the amount required for full compliance, shall be classified as a minor variance.
(2) Major Variance. All applications seeking relief from specific provisions of this chapter, which will produce an increase or decrease in the degree of compliance by more than 25% of the amount required for full compliance, shall be classified as a major variance.
(D) Conditions. In granting any variation, the Zoning Administrator or Planning and Zoning Commission may prescribe appropriate conditions as are deemed appropriate or necessary for the reasonable protection of the public health, safety, and welfare and to carry out the purposes of this chapter. Violations of such conditions shall be deemed a violation of this chapter.
(Ord. 8612, passed 12-2-08; Am. Ord. 8851, passed 12-18-12; Am. Ord. 9158, passed 6-19-18)