§ 155.045  VARIANCES.
   (A)   The Board of Zoning Appeals shall have the power to authorize variances in specific cases as described herein and that are consistent with the provisions of this chapter or other city codes.
   (B)   The Board of Zoning Appeals shall hear and decide all applications for variances from the requirements and standards set forth in this chapter and that are not contrary to the public interest. When an owner or owner’s authorized agent seeks a variance, said owner or agent shall be required to establish that the literal enforcement of this code would result in an unnecessary hardship unless a variance is granted.
   (C)   Variances shall not be granted for the use of any land, structure, or building that is not permitted in the applicable zoning district. In those cases, an application to rezone the property is required.
   (D)   The Board of Zoning Appeals shall not grant variances, as authorized in this zoning code, unless it can determine that there is a justifiable reason for the variance. The evaluation shall include, but is not limited to, the following factors:
      (1)   Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same zoning district; examples of such special conditions or circumstances are: exceptional irregularity, narrowness, shallowness, or steepness of the lot; or adjacency to nonconforming and inharmonious uses, structures, or conditions;
      (2)   Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
      (3)   Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures;
      (4)   Whether the essential character of the neighborhood would be substantially altered or whether adjacent properties would suffer substantial detriment as a result of the variance;
      (5)   Whether the variance would adversely affect the delivery of governmental services such as water, sewer, and refuse pick-up;
      (6)   Whether special conditions or circumstances exist as a result of actions of the owner;
      (7)   Whether the property owner’s predicament can feasibly be remedied through some method other than a variance;
      (8)   Whether the spirit and intent behind these code requirements would be observed and substantial justice done by granting a variance;
      (9)   Whether the granting of the variance requested will confer on the owner any special privilege that is denied by this regulation to other lands, structures, or buildings in the same district;
      (10)   No single factor listed above may control, and not all factors may be applicable in each case. Each case shall be determined on its own facts; and
      (11)   Following a public hearing, the Board of Zoning Appeals shall approve, approve with condition, or disapprove the request. If the variance is denied by the Board of Zoning Appeals, the owner or agent may appeal the decision to City Council.
(Ord. 2018-06, passed 7-9-2018, § 155.126)