A. Purpose: The Board, upon appeal in specific cases and after a public hearing, may vary the regulations of this title in harmony with their general purpose and intent where the Board makes findings of fact in accordance with the standards hereinafter prescribed and further, finds that there are practical difficulties or unnecessary hardships in the way of carrying out the literal provisions of this title.
B. Application For Variance And Notice Of Hearing: An application for a variance shall be filed, in writing, with the Zoning Administrator. The application shall be in the number of copies and contain such information as the Board may, by rule, require. The Board shall select a reasonable time and place for the hearing of the request for a variance. Notice of the time and place of such public hearing shall be published at least once in a publication of general circulation and publication to be made not less than four (4) days nor more than twenty (20) days before the date of the hearing. The Board shall reach its decision within forty five (45) days from the date of the hearing unless such time is extended by mutual consent of the petitioner and the Board. (Ord. C-196, 5-17-1994)
C. Variance Review Criteria: The Board of Adjustment shall be permitted to approve, approve with conditions, or deny a request for a variance. Each request for a variance shall be consistent with the following criteria:
1. The applicant can demonstrate that without a variance there can be no reasonable use of the property.
2. Limitations on the use of the property due to physical, topographical and geological features.
3. The grant of the variance will not grant any special privilege to the property owner.
4. The grant of the variance is not based solely on economic reasons.
5. The necessity for the variance was not created by the property owner.
6. The variance requested is the minimum variance necessary to allow reasonable use of the property.
7. The grant of the variance will not be injurious to the public health, safety or welfare.
8. The property subject to the variance request possesses one or more characteristics generally not applicable to similarly situated properties. (Ord. D-51, 3-19-2019)
D. Authorized Variances: Variances from the regulations of this title shall be granted by the Board only in accordance with the standards established in subsection C of this section, and may be granted only in the following circumstances:
1. To permit any reduction in a setback requirement in the front, side or rear yard required by this title.
2. To allow any reduction in yard size (lot coverage) or greater yard encroachments than are permitted by this title.
3. To allow the use of a lot for a use otherwise permitted when such use is prohibited solely because the lot's area, width or depth does not meet minimum requirements.
4. To allow no more than twenty five percent (25%) greater or lesser structure height than the maximums or minimums required.
5. To allow the same off street parking facility to qualify as required facilities for two (2) or more uses, provided that substantial use of such facilities by each user does not take place at approximately the same times.
6. To reduce required off street parking or loading facilities.
7. To increase by not more than twenty five percent (25%) the maximum distance that required off street parking facilities are permitted to be located from the use served.
8. To extend the period of time that a nonconforming use may continue or remain in use.
9. To waive any transitional yard screening requirements in a B or I District if the structure, use or building is already effectively screened by topography or existing screening comparable to the types required.
10. To waive the screening and landscaping requirements for parking areas containing more than four (4) parking spaces and adjoining or fronting on property situated in a Residential District. (Ord. C-196, 5-17-1994)
11. To allow the maximum height of an accessory structure to be no more than twenty five feet (25'). When an accessory structure exceeds fifteen feet (15') in height, the setbacks required shall be thirty percent (30%) of the structure height. (Example: A 20 foot garage requires a 6 foot setback.) (Ord. C-394, 3-16-2004)
E. Appeal: Any person desiring to appeal from a decision of the Zoning Administrator shall file a written notice of appeal and application for appeal within sixty (60) days of the date of the Administrator's decision, and concurrently pay a filing fee, the amount of which shall be established by resolution of the City Council.
The appeal form entitled "Notice of Appeal and Application for Appeal", together with a copy of the resolution setting the filing fee, shall be available in the Office of the Zoning Administrator at City Hall. When completed, the notice of appeal and application shall be filed in the Office of the Zoning Administrator at City Hall. The notice of appeal and appeal application form shall specify the grounds for the appeal.
Upon timely filing and payment of the required fee, an appeal hearing will be scheduled with the Board of Adjustment. The hearing shall be scheduled not less than twenty (20), nor more than forty (40), days after the date of the filing of the notice of appeal and application for appeal. The appeal hearing shall be a public hearing and notice of the time, date, and place of the hearing shall be published at least once in a publication of general circulation. (Ord. C-274, 12-17-1996)