(a) Variance application. An application for variance shall be filed with the zoning official. The application shall specifically state the requirement(s) of this chapter from which the variance is requested.
(1) Fee. A fee as established by resolution of the city council shall be paid before an appeal shall be considered filed.
(2) Acceptance. The zoning official 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 applicant within seven days of filing with the zoning official along with a written explanation of the insufficiency of the application.
(b) Hearing.
(1) When an application for variance has been accepted by the zoning official, a hearing shall be scheduled at the discretion of the zoning official. The scheduled date of the hearing shall be no more than 45 days from acceptance of the application for variance.
(c) Action on a variance. A variance may be granted only when the variance application and other factual evidence demonstrate all of the following:
(1) That the alleged practical difficulties are exceptional and peculiar to the property of the person requesting the variance and result from conditions which do not exist generally throughout the city.
(2) That the alleged practical difficulties which will result from a failure to grant the variance include substantially more than mere inconvenience or mere inability to attain a higher financial return.
(3) That allowing the variance will result in substantial justice being done, considering the public benefits intended to be secured by this chapter, the individual difficulties that will be suffered by a failure of the board to grant a variance, and the rights of others whose property would be affected by the allowance of the variance.
(d) Additional conditions.
(1) The 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 and be necessary to ensure compliance with those standards. The breach of any condition shall invalidate the variance.
(2) A variance granted shall be the minimum necessary to relieve the practical difficulty.
(e) Majority vote. The concurring vote of a majority of the members appointed to and serving on the board of appeals shall be necessary to grant a variance.
(Ord. No. 159, 9-17-2007)
Secs. 58-90—58-125. Reserved.