(A) Conditions of variances. Where there are practical difficulties or unnecessary hardships in any way in carrying out the strict letter of the provisions of this chapter, a variance may be granted; provided that, all the following conditions are true.
(1) The particular physical surroundings, shape or topographical conditions of the specific parcel of land involved cause a particular hardship to the owner, as distinguished from a mere inconvenience, if the strict letter of this chapter were to be carried out.
(2) The conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought, and are not generally applicable to other property within the same zoning classification.
(3) The alleged difficulty or hardship must be caused by this chapter and not by any person presently having an interest in the parcel of land.
(4) 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.
(5) The proposed variance will not impair an adequate supply of light and air to adjacent properties, will not increase the congestion of the public streets, will not endanger the public safety, or will not diminish or impair property values within the neighborhood.
(B) Variance procedures.
(1) A person desiring to secure a variance from any provisions of this chapter shall fill out and submit to the Zoning Administrator or City Clerk- Administrator a variance form, together with the required filing fee as set by the City Council.
(2) The fee for the variance application shall be the same as the fee set by the City Council for a variance from the Zoning Ordinance.
(3) Notice of the variance proceedings shall be mailed to adjacent property owners within 350 feet of the property seeking the variance at least ten days prior to the variance being heard.
(Prior Code, § 156.12) (Ord. 10-2007, passed 10-2-2007)