(a) Variance application and fee. An application for variance shall be filed with the zoning official along with a fee as established by resolution of the city council. The zoning official shall immediately forward the application for variance to the secretary of the zoning board of appeals. The secretary of the zoning board of appeals shall determine, pursuant to this chapter, if the application is accepted as being filed in proper form, including the required data and fee. If the application is not accepted as being in proper form, the application and fee shall be returned to the appellant within seven days of filing with the zoning official along with a written explanation of the insufficiency of the letter of appeal.
(b) Public hearing.
(1) When an application for variance has been accepted by the secretary of the zoning board of appeals, a public hearing shall be scheduled at the next regularly scheduled meeting or, at the discretion of the secretary, at a special meeting of the zoning board of appeals. The scheduled date of the hearing shall be no more than 45 days from acceptance of the application for variance.
(2) Notice of the hearing shall be given pursuant to section 94-101 of this chapter.
(c) Basic conditions. A variance may be granted only when the variance application and other factual evidence demonstrate all of the following:
(1) The variance must be granted in order to avoid practical difficulties not created by the applicant that would result from strict application of the letter of this chapter.
(2) A variance will not permit the establishment within a zoning district of any use not permitted within the district.
(3) A variance will not cause a substantial adverse effect to property or improvements in the zoning district and the immediately surrounding neighborhood.
(4) A variance will not be contrary to the public interest and will insure that the spirit and intent of this chapter will be observed, public safety secured, and substantial justice done.
(5) There is no lesser variance than that applied for which would give substantial relief to the applicant.
(d) Additional conditions.
(1) The zoning board of appeals may specify reasonable conditions on the approval of a variance which will substantially secure the objectives of the regulations to which the variance applies, be related to the standards established in the chapter for the land use or activity under consideration, and be necessary to ensure compliance with those standards. The conditions may include those necessary to ensure the public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by user activity, to protect the natural environment and conserve natural resources and energy, to ensure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. The breach of any condition shall invalidate the variance.
(2) A variance granted shall be the minimum necessary to relieve the practical difficulty.
(3) The zoning board of appeals may require that a performance guarantee be provided as a condition of approval in granting any variance as allowed in this article. The performance guarantee shall be provided in accordance with section 94-100 of this chapter.
(e) Majority vote. The concurring vote of a majority of the members appointed to and serving on the zoning board of appeals shall be necessary to grant a variance.
(Ord. No. 152, 5-1-2006)