(A) Variance from development standards. The Board of Zoning Appeals shall consider petitions for variances from the development standards (such as height, bulk or area) of this chapter. As to each variance that is granted, the Board may impose such conditions on the grant of the variance as the Board may deem advisable. No variance shall be granted by the Board unless the Board under this section specifically finds 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 will not be affected in a substantially adverse manner;
(3) Granting the variance would be consistent with the intent and purpose of this chapter;
(4) Special conditions and circumstances exist which are peculiar to the land involved and which are not applicable to other lands or structures in the same district;
(5) The strict application of the terms of this chapter would deprive the applicant of the rights commonly enjoyed by other properties in the same district under the provisions of this chapter;
(6) The special conditions and circumstances do not result from any action or inaction by the applicant; and
(7) In the designated flood hazard areas, the variance will not increase flood heights, create additional threats to public safety, cause additional public expense, create nuisances or conflict with existing laws or ordinances.
(B) Variance of use. The Board of Zoning Appeals shall consider applications for variances from the permitted uses of this chapter. As to each variance that is granted, the Board may impose such conditions on the grant of the variance as the Board may deem advisable. Variances shall only be granted by the Board pursuant to this section and § 151.124, when the Board specifically finds a showing of good and sufficient cause 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 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
(5) The approval does not interfere substantially with the comprehensive plan.
(C) Application for variances shall be filed with the Planning and Zoning Office in such form as may be prescribed from time to time by the Board.
(D) The Board shall hold a public hearing on each application for a variance. At least 10 days prior to the date set for the hearing, public notice of the time, date and place thereof shall be given by publication in a newspaper of general circulation in the city and, in addition, written notice of the hearing shall be given to all interested parties.
(1979 Code, § 151.238) (Ord. 4370, passed 7-20-1998; Am. Ord. 5263, passed 8-1-2011)