(a) A variance from the terms of this Code shall not be granted unless a written application is submitted to the Zoning Administrator. The application for a variance shall be accompanied by a filing fee as established by the City Council.
(b) Within seven (7) days of receiving an application for a variance, the Zoning Administrator shall transmit a copy of the application, together with all papers relating to the action, to the chairman of the Zoning Board of Appeals who shall present the application at the next scheduled meeting.
(c) The application for a variance shall be fully completed, including a site plan and narrative. In addition to the information and materials required as part of the application, other supplementary material supporting the variance request and relevant to the review standards should be provided by the applicant. Incomplete applications will not be forwarded to the Board of Appeals for consideration.
(d) A variance shall only be granted upon a finding by the Board of Appeals that all the following standards have been satisfied:
(1) That special conditions and circumstances exist which are particular to the property involved and are not generally applicable to other properties in the same district.
(2) That the literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights commonly enjoyed by other properties in the same district.
(3) That the special conditions and circumstances which exist are not the result of actions of the applicant.
(4) That granting the requested variance will not give the applicant any special privileges denied to other properties in the same district.
(e) All materials and information shall be provided to the Zoning Administrator at least fourteen (14) working days prior to the next regularly scheduled meeting of the Board. If this is not done, the application will be held until the next meeting.
(f) Consideration of the application shall be at a meeting open to the public. Prior to conducting the meeting, written notice of the agenda shall be placed in a newspaper of general circulation in the City at least seven (7) days prior to the meeting. The notice shall state the place, date and time of the meeting, and shall also be sent by first class mail, at least ten (10) days before the date of the meeting, to the owners of the property contiguous to and directly across the street from the property subject to the application.
(1) The required notices shall be addressed to the contiguous owners of real estate and those directly across the street from the property subject to the variance application as they appear on the County Auditor's current tax list or the County Treasurer's mailing list.
(2) The failure of delivery of such notice shall not invalidate any action taken by the Zoning Board of Appeals; provided, the notice was mailed by first-class mail to the individuals as described in Section 1175.03(f) at least ten (10) days before the date of the meeting.
(Ord. 4-21. Passed 1-4-21.)