(A) Applicability. The City Council, in its capacity as the Board of Adjustments and Appeals and consistent with the authority granted by law, may grant a property owner a variance from compliance with the literal provisions of the zoning code in an instance where strict enforcement would cause practical difficulties to the individual property owner and when it can be demonstrated that such action will be in keeping with the spirit and intent of the code.
(B) Practical difficulty.
(1) “Practical difficulty” as used in connection with the granting of a variance shall include all the following:
(a) The property owner proposes to use the property in a reasonable manner that is not otherwise not permitted by an official control;
(b) The plight of the property owner is due to circumstances unique to the property, not created by the property owner;
(c) The variance, if granted, will not alter the essential character of the locality; and
(d) The need for the variance involves more than economic considerations.
(2) “Practical difficulties” also means and includes, but is not limited to, inadequate access to direct sunlight for solar energy systems.
(C) Pre-application meeting. A pre-application meeting pursuant to § 154.065(D) is required prior to submitting a variance application.
(D) Submittal.
(1) The applicant shall file the completed application form together with required exhibits with the Zoning Administrator and shall pay a filing fee, as established by the Council, for processing the variance application.
(2) The Zoning Administrator shall review the application and within 15 business days after receiving the application shall notify the applicant in writing if the application is not complete and what additional information is required.
(3) Criteria for complete submittal. No submittal to the city shall be considered complete without receipt of the following:
(a) A completed application form;
(b) An accurate boundary description;
(c) Evidence of ownership or enforceable option on the property;
(d) An accurate drawing, at scale, showing property lines, location of existing buildings and proposed project;
(e) A narrative by the applicant explaining why the situation of the subject property creates a practical difficulty, as identified in § 154.068(B) and requires a variance from the provisions of this chapter; and
(f) Any submittal materials pertaining to a site plan review, as listed in § 154.068, as may be required at the discretion of the Zoning Administrator.
(E) Review process.
(1) Application distributed. When the Zoning Administrator determines the application to be complete, the Zoning Administrator shall distribute the application and exhibits to any applicable city staff, officials and other government agencies for review and comment.
(2) Hearing on application.
(a) When the Zoning Administrator determines the application to be complete, the Zoning Administrator shall set the date for a public hearing and shall give all required notice in compliance with § 154.065(J).
(b) The Planning and Zoning Commission shall hold the public hearing and may table the application for further investigation if necessary.
(3) Review and decision.
(a) Upon the conclusion of the public hearing, the Planning and Zoning Commission shall recommend to the City Council, in its role as the Board of Adjustments and Appeals, either approval of the variance, approval of the variance subject to conditions or denial of the variance.
(b) The City Council, in its role as the Board of Adjustment and Appeals, shall act upon the application within 30 days after receiving the recommendation of the Planning and Zoning Commission.
(c) In granting the variance, the City Council, in its role as the Board of Adjustment and Appeals, may impose additional conditions to ensure compliance with its decision and to protect adjacent properties. Such conditions must be directly related to and bear a rough proportionality to the impact created by the variance.
(4) Criteria for review.
(a) In its consideration of a variance request, the Planning and Zoning Commission shall consider the following questions when making their recommendation to the City Council:
1. Whether or not exceptional, unique or extraordinary circumstances apply to the physical surrounding, shape or topographic conditions of the parcel of land that result in practical difficulties for the owner;
2. Whether or not the variance requested will alter the essential character of the locality;
3. Whether or not granting the variance requested will:
a. Impair an adequate supply of light and air to adjacent property;
b. Substantially increase congestion in adjacent public streets;
c. Endanger the public safety; or
d. Substantially diminish or impair property values within the vicinity.
4. Whether the variance requested is the minimum variance that would alleviate the practical difficulties;
5. Whether or not the variance requested is consistent with the intent of this chapter and the city's comprehensive plan; and
6. Whether or not the variance requested provides for a reasonable and practical solution that eliminates the practical difficulties.
(b) In its consideration of a variance request, the City Council shall make the following findings:
1. The proposed use is not prohibited in the zoning district in which the subject property is located;
2. The variance must be in harmony with the general purposes and intent of this chapter;
3. The terms of the variance must be consistent with the comprehensive plan; and
4. The landowner must show that the variance is necessary to alleviate the practical difficulties in complying with the official control.
(F) Issuance of decision.
(1) Recording. The city shall maintain a record of all variances issued including information on the use, location and conditions imposed by the city; time limits, review dates and such other information as may be appropriate. A record of applications which were not approved shall also be maintained for record keeping purposes.
(2) Effect of approval.
(a) Approval of the variance shall expire if no work thereon has commenced within 12 months of the date of approving the variance.
(b) The City Council, in its capacity as the Board of Adjustments and Appeals and consistent with the authority granted by law, may grant a property owner a revocation or an amendment to an existing variance; the property owner may start the process by submitting a full application for a variance and going through the full procedure described in this section.
(c) Enforcement and revocation.
2. Should those enforcement actions still not result in remedying the violated conditions of approval, then the Zoning Administrator shall notify the property owner in writing that the city will commence the revocation process in 30 calendar days if the violated conditions have not been remedied. After 30 days, the Zoning Administrator shall set the date for a public hearing and shall give all required notice in compliance with § 154.065(J).
3. The public hearing shall be held by the Planning and Zoning Commission. If the Planning and Zoning Commission finds that the property is in violation of the conditions of the variance, the Planning and Zoning Commission shall recommend the City Council revoke the variance.
4. The City Council shall act upon the recommendation of the Planning and Zoning Commission within 30 days of receiving the recommendation. The Zoning Administrator shall, in writing, inform the individual or party in question of the action of the Council and shall enforce the action taken.
(Ord. 879, passed 10-28-2020; Ord. 1.1-2021, passed 2-10-2021)