The Board of Zoning Appeals may authorize a variance from the terms of this Ordinance which shall not be contrary to the public interest and where owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship. A variance shall not be granted unless the Board of Zoning Appeals makes a specific finding based directly on the particular evidence presented to it which supports conclusions that the standards and conditions imposed by this Section have been met by the applicant. No variance shall be granted which will alter the character and use of a zoning district or to correct an error of judgment in zoning laws.
A. Application Requirements
Except as otherwise permitted in this Ordinance, a variance from the terms of this Zoning Ordinance shall not be granted by the Board of Zoning Appeals unless and until a written application for a variance is submitted to the Director of Zoning or his/her authorized representative and the Board of Zoning Appeals. At a minimum, the application shall include:
1. Name, address, and telephone number of property owner.
2. Legal description and street address of property.
3. Description of nature of variance requested.
4. A list of all property owners and their addresses who are within, contiguous to, or directly across the street.
5. A narrative statement demonstrating that the requested variance conforms to the following standards:
a) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.
b) That a literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance.
c) That special conditions and circumstances do not result from the actions of the applicant.
d) That nothing herein contained shall be construed as authorizing the Board of Zoning Appeals to effect changes to the Zoning Map or to add to the permitted or conditional uses in any Zoning District.
e) That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district.
f) That the variance is not for a use which is not allowed in the district in which the property is located.
B. Standards for variances
The Board of Zoning Appeals shall not grant a variance unless it shall, in each specific case, make specific findings of fact directly based upon the particular evidence presented to it, that supports conclusions that:
1. The strict application of the provisions of this ordinance from which a variance is requested will constitute unnecessary hardship upon the property owner represented in the application;
2. Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district;
3. The involved special conditions and circumstances peculiar to the land, structure, or building do not result from the actions of the applicant;
4. Granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district; and
5. The variance will not authorize or permit a use which is not allowed in the district in which the property is located. (Ord. 53-09. Passed 7-21-09.)