(a) City Council may grant the following zoning variances:
(1) Use Variance: Permit a use of the property otherwise not permitted by the underlying zoning district established on the property, if such use will not be incompatible with permitted uses on the affected property and will not adversely affect the surrounding property or surrounding neighborhood, and if Council is satisfied that the granting of such variance will alleviate some hardship or difficulty, or is appropriate due to special circumstances, which warrants a variance from the comprehensive plan or the underlying zoning district;
(2) Area Variance: Permit a variation in the yard, height, parking requirements or other prescribed development standards of any district only in conjunction with a change in zoning or a development plan approval adopted as otherwise provided in this chapter or a use variance granted pursuant to subparagraph (a)(1), above, and only where there are unusual and practical difficulties in the carrying out of the zoning district provisions due to an irregular shape of lot, topography, or other unique conditions, provided that such variance will not seriously adversely affect any adjoining property or the general welfare.
(b) Before authorizing any variance from the Zoning Code in a specific case, City Council shall first determine that such variance will not impair an adequate supply of light and air to the adjacent property, unreasonably increase the congestion of public streets, increase the danger of fires, endanger the public safety, unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals or welfare of the inhabitants of the municipality.
(c) In granting a variance pursuant to this section, Council may impose such requirements and conditions regarding the location, character, standards of use, duration, and other features of the variance proposal as Council deems necessary to carry out the intent and purpose of this Zoning Code and to otherwise safeguard the public safety and welfare.
(d) Such a variance shall only be considered upon application, and shall follow the form prescribed in Section 1137.02(c). In addition, the applicant shall provide the information prescribed by Sections 1137.02 (Description of Property and Nature of Variance) and Section 1377.02(d) (Plot Plan). Hearing on the variance request shall proceed as any other matter before City Council. Consideration of a variance request made pursuant to this section is purely discretionary by Council and refusal by Council to consider an application for such a variance shall not give rise to any remedy in equity or law as a result of such refusal.
(Ord. 19-011. Passed 4-22-19.)