(A) Variances are intended to provide relief for landowners where, as a result of unique circumstances, the strict compliance with specified provisions or requirements of this development code, or that application of such provision or requirement is impracticable. Applications for variances shall follow the procedure described herein.
(B) Applications for variances may be combined and processed simultaneously with applications for Class I or Class II permits.
(1) The applicant shall file a written request, including all supporting materials, for the variance with the PZA. The request shall specify the applicable section(s) of the comprehensive plan and/or the Development Code that is to be reviewed. The written request shall be filed at least 14 days prior to the Commission meeting at which the application can be reviewed.
(2) The PZA shall place the request for variance on the agenda of the next Commission meeting, at which time it will be reviewed.
(3) The Commission shall review the proposed variance. No application for a variance will be considered unless the applicant or a representative is present.
(4) If the application is denied by the Commission, the reasons for such denial shall be in writing, stating the specific sections of this Development Code that were not met.
(5) No variance shall be approved by the Commission unless all of the following exist:
(a) There are special circumstances or conditions affecting the property that the strict application of the provisions of this Development Code would clearly be impracticable or unreasonable. In such cases the applicant shall state the reasons in writing as to the specific provisions or requirements involved;
(b) The strict compliance with the requirements of this Development Code would result in extraordinary hardship, or that these conditions would result in inhibiting the achievement of the objectives of this Development Code;
(c) The granting of the requested variance will not create a nuisance, result in potential harm to adjoining properties or the neighborhood, be detrimental to the public welfare, or have an adverse affect on the implementation of the comprehensive plan;
(d) Such variance will not violate state or federal law;
(e) The fact or assertion that an owner or developer could realize a greater financial return by use of the property that is contrary to the provisions of this Development Code is not a sufficient reason to approve the variance; and
(f) Hardship cannot be proved where it can be shown that the property was purchased with the knowledge of existing restrictions, nor can hardship be claimed in items of prospective sales or potential customers.
(Ord. 2007-8-13, passed 3-11-2019)