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A. Any person owning property may apply for a variance from the literal enforcement of the bulk regulation provisions including parking and sign requirements of this title for the property or structure involved. All applications for a variance shall be made on the official form for such applications which shall be available from the Planning Services Department.
B. Review of the application for a variance may be obtained by delivering the completed application form to the Planning Services Department together with payment of the required fee.
C. Prior to its review, the board may require the applicant for a variance to supply any further information beyond that contained in the application where it reasonably considers such information necessary to make the determination. (Ord. 52-09, 10-19-2009)
Following receipt of a completed application the board shall, with due diligence, consider such application at a public meeting. Notice of the time and place of the public hearing shall be published in the newspaper of general circulation at least seven (7) days and not more than twenty (20) days prior to such hearing. The board shall direct and require verification that notice of the time and place of the meeting has been sent by first class mail to all owners of property within two hundred feet (200') of the property for which the variance is sought. At the public meeting, all interested parties shall be afforded a reasonable opportunity to appear and express their views on the application, either in person or by agent. A record of such meeting shall be entered into the minutes of the board. (Ord. 52-09, 10-19-2009)
A. The board shall grant a variance only under exceptional circumstances where practical difficulty or unnecessary hardship is so substantial, serious and compelling that relaxation of the general restrictions ought to be granted. No variance shall be granted unless the applicant shall show and the board shall find that:
1. The particular property, because of size, shape, topography or other physical conditions, suffers singular disadvantage, which disadvantage does not apply to other properties in the vicinity; and
2. Because of this disadvantage, the owner is unable to make reasonable use of the affected property; and
3. This disadvantage does not exist because of conditions created by the owner or previous owners of the property; and
4. Granting the variance requested will not confer on the applicant any special privilege that is denied to other lands, structures, or buildings in the same district; and
5. Granting of the variance will not be contrary to the public interest, will not adversely affect other property in the vicinity, and will be in harmony with the intent and purpose of the provision waived.
B. In passing a variance, the board shall not consider prospective financial loss or gain to the applicant.
C. A variance shall not be allowed within the RHOD Restricted Height Overlay District. (Ord. 52-09, 10-19-2009)
In granting a variance, the board may impose any conditions or restrictions it reasonably considers necessary to ensure full compliance with the intent and regulations of the provision waived, to reduce or eliminate any detrimental effect of the proposed variance upon the neighborhood or the public welfare, or to carry out the general purposes and intent of the provision waived. Violation of such conditions and restrictions, when made a part of the terms under which a variance is granted, shall be deemed a violation of this title. (Ord. 52-09, 10-19-2009)
The board shall render a written decision on an application for a variance after the close of the meeting. The decision of the board shall contain specific findings of fact supporting the granting or denial of the variance and shall clearly set forth any conditions or restrictions imposed. The board shall maintain complete records of all action with respect to applications for a variance. (Ord. 52-09, 10-19-2009)
Any person owning property used solely for residential purposes may apply for a special exception from the literal enforcement of the bulk regulation requirements for the property or structure involved. All applications for a special exception shall be made on the official form for such applications which shall be available without cost from the planning services department. The applicant shall be required to supply all pertinent items of information contained on the official application form as a condition to review of such application. Review of the application for a special exception may be obtained by delivering the completed application form to the planning services department together with payment of the required fee. Upon receipt of the completed forms and the required fee, the planning services department shall forthwith transmit a copy of the completed form to the board, retaining the original form as part of the planning services department's permanent records. Prior to its review, the board may require the applicant for a special exception to supply any further information beyond that contained in the application form where it reasonably considers such information necessary to make the determination. (Ord. 52-09, 10-19-2009)
Following receipt of a completed application the board shall, with due diligence, consider such application at a public meeting. The board shall direct and require verification that the applicant, or their agent has sent notice of the time and place of the meeting by first class mail to all owners of property abutting the property for which the special exception is sought, including property directly across the street. At the public meeting, all interested parties shall be afforded a reasonable opportunity to appear and express their views on the application, either in person or by agent. A record of such meeting shall be entered into the minutes of the board. (Ord. 52-09, 10-19-2009)
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