(A) Conditions of variances.
(1) A VARIANCE is a modification of the literal provisions of this chapter, granted when strict enforcement of such provisions would cause undue hardship or practical difficulties to the property owner in the use of his or her land.
(2) The crucial points of a variance are:
(a) Undue hardship;
(b) Unique circumstances; and
(c) Applying to property.
(3) The hardship must not have been created by actions of the landowner.
(4) The variance will not alter the essential character of the area, and should be in conformance with the city growth management system. Granting of the variance shall not allow any use that is neither a permitted or conditional use within the zoning district on which the subject property is located.
(5) The plight of the landowner must be due to unique circumstances. If the hardship is common to several properties, the variance must not be granted.
(6) The proof that a landowner could realize a higher financial return for his or her land as a result of the variance is not sufficient grounds for granting a variance. Economic considerations alone shall not constitute a hardship if a reasonable use for the property exists under the terms of the ordinance.
(B) Request for variance; fee. A person desiring to secure a variance, or to appeal the interpretation and application of any provisions of this chapter by the Zoning Administrator or Building Official, shall fill out and submit to the Zoning Administrator or City Clerk a variance form, together with the required filing fee as set by the City Council.
(Prior Code, § 153.08) (Ord. 630, passed 12-7-2004; Ord. 8-2007, passed 7-3-2007)