(A) Purpose. The purpose of this section is to provide for deviations from the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of physical circumstances unique to the individual property under consideration and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter.
(Prior Code, § Q-2-131)
(B) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
UNDUE HARDSHIP. As used in connection with the granting of a variance, means the property in question cannot be put to a reasonable use if used under conditions allowed by this chapter; the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an UNDUE HARDSHIP if reasonable use for the property exists under the terms of this chapter.
(Prior Code, § Q-2-132)
(C) Variance request. A variance from this chapter requires a public hearing and is to be processed in accordance with the procedures set forth in § 159.007 of this chapter. The information required for all zoning applications generally consists of items outlined in § 159.007 and shall be submitted unless exempted by the city.
(Prior Code, § Q-2-133)
(D) Hardship standards. The City Council shall not approve any variance request unless it finds that failure to grant the variance will result in undue hardship on the applicant and, as may be applicable, the following criteria have been met.
(1) Physical characteristics. Because of the particular physical surroundings, shape or topographical conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.
(2) Unique to parcel. The conditions upon which a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification.
(3) Purely financial. The purpose of the variance is not based exclusively upon a financial hardship or a desire to increase the value or income potential of the parcel of land.
(4) Self-created. The alleged difficulty or hardship is caused by this chapter and has not been created by any persons having an interest in the parcel of land and is not a self-created hardship.
(5) Public welfare. The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located.
(6) Nuisance avoided. The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion of the public streets, increase the danger of fire or endanger the public safety.
(7) Minimum action. The requested variance is the minimum action required to eliminate the hardship.
(8) Use variance. The requested variance does not involve a use that is not allowed within the respective zoning district.
(Prior Code, § Q-2-134)
(E) Conditions. Conditions may be imposed in the granting of a variance to ensure compliance with federal and state laws, local ordinances, and requirements of the variance and to protect adjacent properties and the public interest.
(Prior Code, § Q-2-135)
(F) Duration and extension.
(1) Unless otherwise specified, the approved variance shall become null and void within one year of the date of approval unless the property owner or applicant has substantially commenced construction of any building, structure, addition or alteration, or substantially satisfied the conditions of the approved variance or has been granted a time extension by the Zoning Administrator.
(2) Such extension request shall be submitted in writing at least 30 days prior to expiration of the variance and shall state facts showing a good-faith effort to complete work permitted under the original approval.
(Prior Code, § Q-2-136)
(Ord. 953, passed - -)