(A) Criteria for granting variances.
(1) A variance to the provision of this chapter may be issued to provide relief to the landowner in those zones where the ordinance imposes practical difficulties to the property owner in the use of his or her land. No use variances may be issued.
(2) A variance may be granted only in the event that the following circumstances exist:
(a) Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography, or other circumstances over which the owners of property since enactment of this chapter have had no control;
(b) The literal interpretation of the provisions of this chapter would deprive the applicant of reasonable use of the property commonly enjoyed by other properties in the same district under the terms of this chapter;
(c) The special conditions or circumstances do not result from the actions of the applicant;
(d) Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures, or buildings in the same district;
(e) The variance requested is the minimum variance which would alleviate the practical difficulty;
(f) The variance would not be materially detrimental to the purposes of this chapter, or to property in the same zone; and
(g) The variance will not alter the essential character of the neighborhood.
(3) Economic conditions alone shall not be considered a practical difficulty.
(B) Procedure.
(1) The person applying for a variance shall fill out and submit to the Zoning Administrator a variance request form containing the following information:
(a) Description of the site (legal and address);
(b) Site plan showing parcel and building dimensions;
(c) Location of all buildings and their square footage measurements;
(d) Curb cuts, driveways, sidewalks, parking spaces, and off-street loading areas;
(e) Landscape and screening plans;
(f) Water, sanitary sewer, and stormwater plans; and
(g) Any additional information reasonably requested by the Zoning Administrator or Board of Adjustment.
(2) The Zoning Administrator shall refer the application to the Board of Adjustment for review.
(3) (a) The Board of Adjustment shall hold a public hearing on the proposal.
(b) Legal notice concerning official action pursuant to this section shall be as follows:
1. A notification of the date, time, and place of the hearing shall be published in the municipality’s official newspaper at least ten days before the hearing; and
2. In addition, persons who own property situated wholly or partly within 350 feet of the affected parcel or parcels shall receive similar, individual notifications by mail.
(4) The petitioner or his or her representative shall appear before the Board of Adjustment in order to answer questions concerning the proposed variance.
(5) The Board of Adjustment shall make findings of fact and recommend approval or denial of the request. The Board’s recommendation shall be presented to the City Council.
(6) Upon receiving a recommendation from the Board of Adjustment, the City Clerk/Treasurer or Zoning Administrator shall place the recommendation on the agenda for the next regular City Council meeting. Such recommendations shall be made a part of the permanent written record of the City Council meeting.
(7) The City Council shall review the application and may at its option conduct a public hearing on the request.
(8) The Council shall make finding of fact and approve or deny a request for variance within 60 days after receipt of the complete application.
(9) A variance of this chapter shall require a four-fifths vote of the Council.
(10) If it grants the variance, the Council may impose conditions (including time limits) it considers necessary to protect the public health, safety, and welfare and such conditions may include a time limit for the use to exist or operate.
(C) Lapse of variance. Variance permits shall expire if they have not been implemented within one year after the date of issuance.
(D) Variance. No variance shall be granted which would allow any use that is prohibited in the zoning district in which the subject property is located.
(E) Fees. To defray the administrative costs of processing requests for variances, the applicable fee shall be paid by the applicant. The applicable fee is in addition to the regular zoning permit. Fees for site permits and variance applications shall be established by the City Council.
(Prior Code, § 519.110) (Ord. passed 10-8-2003)