(A) Request for a variance, conditional use permit or rezoning. A request for a variance, conditional use permit or rezoning which has been acted upon may not be requested again until a period of 12 months has passed, unless the applicant can show to the satisfaction of the City Council that the conditions which were present when the earlier request was filed, have changed or that the request is substantially different.
(B) Variances.
(1) Purpose and scope of application. The City Council may grant variances from the strict application of the provisions of this chapter and impose conditions and safeguards in the variances so granted, where practical difficulties result from carrying out the strict letter of the regulations of this chapter. PRACTICAL DIFFICULTIES, as used in connection with the granting of a variance, mean that the applicant proposes to use the property in a reasonable manner not permitted by the zoning provisions of this code; the plight of the applicant is due to circumstances unique to the property not created by the applicant; and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties.
(2) Petition. A petition for a variance shall be filed with the city and shall state the exceptional conditions and the peculiar and practical difficulties claimed as a basis for a variance. The petition shall also include the name and address of each affected property owner of directly abutting property along the side of the property under consideration.
(3) Referral to the Board. Before authorization of any variance, the request shall be referred to the Board of Appeals and Adjustments for study concerning the effect of the proposed variance upon the comprehensive guide plan and on the character and development of the neighborhood, and for its recommendation to the Council in connection with the request. The Board shall make its recommendation within 30 days after the request is referred to it, and after that time, the City Council may act without the recommendation. The Board may recommend the conditions related to the variance regarding the location, character and other features of the proposed building, structure or use as it may deem advisable. Any condition recommended must be directly related to, and must bear a rough proportionality to the impact created by the variance.
(4) Action on request.
(a) The Board of Appeals and Adjustments may hold a public hearing on the variance request if it deems it necessary or advisable. The procedures for the notice and public hearing shall be the same as that described in § 154.020 of this subchapter, except that the public hearing shall be held by the Board.
(b) The Board may recommend to the City Council and the City Council may grant approval, approval with conditions, or denial of the request. In considering a request for a variance and whether the applicant established that there are practical difficulties in complying with provision(s) of this chapter, the Board and City Council shall consider the following factors:
1. Special conditions apply to the structures or land in question that are particular to the property and do not apply generally to other land or structures in the district or vicinity in which the land is located;
2. The granting of the proposed variance will not be contrary to the intent of this chapter;
3. The special conditions or circumstances do not result from the actions of the owner/applicant;
4. The granting of the variance will not merely serve as a convenience to the applicant, but is necessary to alleviate practical difficulties in complying with the zoning provisions of this code; and
5. The variance requested is the minimum variance necessary to alleviate the practical difficulty.
(c) The Council may grant the variance and impose certain conditions and safeguards therein that are directly related to and bear a rough proportionality to the impact created by the variance. The variance, however, may not be granted for a use that is otherwise not allowed in a particular zoning district, that is inconsistent with the comprehensive guide plan, or that is not in harmony with the general purpose and intent of the zoning provisions of this chapter.
(5) Referral back to the Board. The City Council may refer any variance petition back to the Board of Appeals and Adjustments for further review and recommendation.
(6) Denial. Variances may be denied by the City Council and the denial shall constitute a finding and determination that the conditions required for approval did not exist.
(7) Lapse of variance. A variance shall become void one year after it has been granted unless made use of within the year or a longer period as the Council may provide.
(Ord. 87, Seventh Series, passed 10-21-2019)