(a) Applicability.
(1) The Board of Zoning and Building Appeals shall hear requests for variances where it is alleged that provisions of this Code inflict a practical difficulty upon the applicant.
(2) See Section 1203.08, Minor Modifications, whereby, under the circumstances set forth therein, the City Manager shall have authority to approve minor modifications from specified provisions of this Code without review by the BZBA for a variance.
(b) Procedure for Approval of Variances. Applications for approval of variances shall follow the core development approval process set forth in Section 1203.02
, except for the following modifications:
(1) After Step 3 "Staff Review and Report:" Review and Action by the BZBA. The staff report on an application for a variance shall be forwarded to the BZBA. The BZBA shall review the application and staff report and take final action by either approving, approving with conditions, or denying such application. The BZBA's decision on the application shall be final. See Section 1202.03
, for provisions relating to timing and notice for BZBA hearings.
No review or action by either the PC (Step 4) or the City Council (Step 5) is required on an application for a variance.
(c) Standards for Review. All applications for variances shall demonstrate compliance with the standards and criteria set forth in Section 1204.03
.
(d) Requirement of Guarantee. In authorizing a variance with attached conditions, the BZBA shall require such evidence and guarantee or bond as it deems necessary to guarantee compliance with such attached conditions.
(e) Lapse. Failure of an applicant to obtain the necessary zoning certificatewith regard to the variance approval within one year of receiving approval of the variance shall automatically render the decision of the BZBA null and void.
(f) Application. Applications for variances shall be submitted to the City Manager upon such forms as approved by the City Manager.
(g) Submittal Requirements. See Appendix A
for submittal requirements for an application for variance.
(Ord. 18-93. Passed 10-15-19.)