(A) A variance may be granted from the requirements of this chapter including those placed on nonconformities. A variance is only permitted when it is in harmony with the general purposes and intent of this chapter and when the variance is consistent with the comprehensive plan. A variance may be granted when the applicant establishes that there are practical difficulties in complying with this chapter. Practical difficulties means that the property owner proposes to use the property in a reasonable manner not permitted by this chapter, the plight of the land owner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, would not alter the essential character of the locality. Economic considerations alone do not constitute practical difficulties. Practical difficulties also includes inadequate access to direct sunlight for solar energy systems. Inadequate access means the failure to achieve reasonable access to direct sunlight, not optimal or maximal access. Variances must be granted for earth sheltered construction as defined in state law, when in harmony with this chapter. The city may impose conditions in granting of a variance. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.
(1) Applications provided by the city must be completed in writing prior to any consideration of variance petitions. Fees for variances are established by ordinance adopted by the City Council.
(2) The Board of Appeals and Adjustments may require the applicant to provide ten copies of plans, maps, surveys, and the like, as deemed necessary, to ensure proper review and consideration of variance petitions.
(3) After filing an application, the City Clerk shall set a date for a public hearing before the Board of Appeals and Adjustments. Notice of the hearing shall be posted and published at least ten days prior to the date of the hearing, and notice shall be mailed to each property owner within 350 feet of the property to which the variance relates. Defects in the notice or failure to notify individual property owners shall not invalidate the proceedings, provided a good faith effort was made to comply with these provisions.
(4) Upon hearing the request, the Board of Appeals and Adjustments shall either approve or deny the variance and shall state the reasons for the action. Conditions for approval may be attached to any variance granted.
(5) Findings. The Board of Appeals and Adjustments must find as follows in the granting of a variance from this chapter.
(a) Granting a variance will not adversely affect the public health, welfare and safety and will not be detrimental or injurious to property or improvements in the neighborhood.
(b) Strict interpretation or enforcement would result in a practical difficulty or unnecessary hardship that is not self created, that is inconsistent with the intent of this chapter and the comprehensive plan.
(c) There are exceptional or extraordinary circumstances or conditions applicable to the property, use or facilities that do not apply generally to other properties in the same district.
(d) Granting of the variance will not allow a use which is otherwise not a permitted use in the zoning district in question.
(6) A variance granted but not used shall become void one year after its effective date.
(B) Variance appeal procedures.
(1) Within 30 days of the action of the Board of Appeals and Adjustments, the applicant or an affected property owner may file an appeal to the City Council to the decision of the Board of Appeals and Adjustments.
(2) The City Council shall set a date for a public hearing, within 45 days of receipt of the appeal, to consider and act upon the appeal.
(Prior Code, § 601.28) (Am. Ord. 2005-02, passed 6-27-2005; Am. Ord. 2013-03, passed 2-11-2013)