A. Purpose And Scope: The variance process is intended to provide limited relief from the requirements of this title in those cases where strict application of a particular requirement will create a practical difficulty or unnecessary hardship prohibiting the use of land in a manner otherwise allowed under this title. It is not intended that variances be granted to: 1) allow a use in a zone district where it is not permitted by this title; or 2) merely remove inconveniences or financial burdens that the requirements of this title may impose on property owners in general. Rather, it is intended to provide limited relief where the requirements of this title render the land difficult or impossible to use because of some unique physical attribute of the property itself or some other factor unique to the property for which the variance is requested. State and/or Federal laws or requirements may not be varied by the City.
B. Procedure: The common development review procedures of section 10-6-2 of this chapter shall apply, with modifications as noted below.
1. Step 1: Pre-Application Conference: Applicable.
2. Step 2: Development Application Submittal: Applicable. An applicant may file a variance application with the City Administrator.
3. Step 3: Determination Of Application Completeness: Applicable, with the following modification: A request for variance may be initiated only by the property owner or his authorized representative. The application must state with particularity the relief sought and must specify the facts or circumstances that are alleged to show that the application meets the approval criteria of step 8 below.
4. Step 4: Notice: Applicable. Written and published notice required.
5. Step 5: Staff Report: Applicable.
6. Step 6: Public Hearing: Applicable. One public hearing is required before the Board of Adjustment.
7. Step 7: Decision And Findings: Applicable. The following additional procedures shall apply:
a. Action By The Board Of Adjustment:
(1) Upon receiving the application materials from the City Administrator, the Board of Adjustment shall hold a public hearing on the proposed variance.
(2) In considering the application, the Board of Adjustment shall review the application materials, the applicable approval criteria below, and all testimony and evidence received at the public hearing.
(3) After conducting the public hearing, the Board of Adjustment may: deny the application; continue the hearing on the application; or grant the requested variance. Any approval or denial of the request shall be by resolution, accompanied by written findings of fact that the variance meets or does not meet each of the criteria set forth below, stating the reasons for such findings. A concurring vote of at least three (3) members of the board shall be required to grant a variance.
(4) In granting any variance, the board may attach such reasonable conditions and safeguards as it deems necessary to implement the purposes of this title.
8. Step 8: Approval Criteria: Applicable, as follows:
a. The Board of Adjustment may approve a variance only if it finds that all of the criteria below have been met:
(1) There are unique physical circumstances or conditions, such as irregularity, narrowness or shallowness of lot, or exceptional topographical or other physical conditions peculiar to the affected property;
(2) The unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located;
(3) Such physical circumstances or conditions were not created by the applicant;
(4) Because of such physical circumstances or conditions, the property cannot reasonably be developed in conformity with the provisions of this title;
(5) The variance, if granted, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property; and
(6) The variance, if granted, is the minimum variance that will afford relief and is the least modification possible of the provisions of this title that are in question.
b. No variance shall be granted that violates the intent of this title or its amendments.
c. No variance shall be granted from any written conditions attached by another decision-making body to the approval of a specific use permit or subdivision plat or site plan.
d. No variance shall be granted if the conditions or circumstances affecting the applicant's property are of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situations.
e. No variance may authorize a use other than those permitted in the district for which the variance is sought; also, an application or request for a variance shall not be heard or granted with regard to any parcel of property or portion thereof upon which zoning request for any parcel of property or portion thereof has not been finally acted upon by both the Planning Commission and by the City Council.
9. Step 9: Conditions Of Approval: Applicable.
10. Step 10: Amendments: Not applicable.
11. Step 11: Lapse: Applicable, as follows: A variance that has not been utilized within two (2) years from the date of the order granting the variance shall thereafter be void. No time extensions of an approval can be granted. However, if a lesser time limit than two (2) years has been placed on the variance, then the lesser time limit shall apply. For the purposes of this provision, utilization shall mean actual use or the issuance of a building permit, when applicable, provided construction is diligently carried to completion. (Ord. 420, 12-18-2017)