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(A) Applications. Applications for variances shall be filed with the Zoning Administrator along with a filing fee of $10 and shall state the exceptional conditions of the lot and the peculiar and practical difficulties claimed as a basis for a variance.
(B) Referral to Board of Adjustment.
(1) All applications for variances shall be referred by the Zoning Administrator to the Board of Adjustment which shall hear the applicant, or representative thereof, at its next regular meeting. Applications must be filed by the last business day of the month in order to be heard during a public hearing at the Board of Adjustment’s next regular meeting.
(2) The Board of Adjustment shall determine the conditions relating to the granting of a variance as it deems necessary to adjust the hardship or special situation so as to carry out the intent and purpose of this chapter or shall deny the request. Notice of the application shall be mailed to all owners of property within 350 feet of the parcel included in the request not less than ten days nor more than 60 days prior to the hearing. Notice will be published in the official newspaper at least ten days, but not more than 60 day prior to the hearing.
(C) Issuance of variances. In considering all requests and in taking subsequent action, the Board of Adjustment shall make a finding showing that all of the following conditions exist:
(1) There are practical difficulties in complying with the existing zoning regulations;
(2) The property owner proposes to use the property in a reasonable manner not permitted by current zoning regulations;
(3) The plight of the property owner is due to circumstances unique to the property not created by the property owner; and
(4) The variance, if granted, will not alter the essential character of the locality and is consistent with the comprehensive plan.
(D) Action by the Board of Adjustment. The Board of Adjustment shall reach a decision upon the request within 60 days after the date of the above public hearing. The Board of Adjustment may grant variances from the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of circumstances peculiar and unique to the individual premises, or property, under consideration, and may grant a variance only when the applicant therefore has demonstrated that the action will be in keeping with the spirit and intent of this chapter with the zoning district in which a variance is applied for. The Board of Adjustment may impose any condition in the granting of the variances in order to ensure compliance with this chapter, or to protect adjacent property. No variance shall be granted pursuant to which the use of the property is extended or changed beyond the use permitted by this chapter in the district where the land is located.
(Ord. 110, passed 4-23-1991; Ord. 194, passed 9-13-2011)