A. Application: An application for a variance shall be filed with the Administrative Officer on a form provided by the Administrative Officer. The application shall be accompanied by such plans and/or data deemed by the City to be necessary to adequately describe the variance request, a fee as provided for by City Council resolution, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed variance will conform to the standards set forth in the following subsections.
B. Notice Of Public Hearing: Upon receipt in proper form of the application, fee and statement, the board shall hold at least one (1) public hearing on the proposed variance. Notice of the hearing shall be published in an official newspaper of the City at least seven (7) days but no more than twenty (20) days prior to the hearing. Written notice of the hearing shall be mailed at least ten (10) days prior to all owners of land within three hundred fifty feet (350') of the subject property. Supplemental or additional notices may be published or distributed as the board may prescribe. At least one (1) public notice sign will be posted on the subject property.
C. Difficulties And Hardship: The board shall have the authority to authorize a variance where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property of record, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of any provision of this title would result in peculiar and exceptional practical difficulties and particular hardship upon the owner of the subject property as distinguished from a mere inconvenience to the owner, provided relief can be granted without substantial detriment to the public good and without substantially impairing the general purpose and intent of the Comprehensive Plan as established by the regulations and provisions contained in this title.
D. Literal Enforcement: The board shall have the authority to authorize a variance from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title will result in unnecessary hardship, and so that the spirit of this title shall be observed and substantial justice done.
E. Determinations: In considering all proposed variances to this title, the board shall, before making any finding in the specific case, first determine that the proposed variance will not constitute any change in the zoning map, will not authorize a use, form or function not specifically allowed within the zoning district and will not impair an adequate supply of light and air to adjacent property, or unreasonably increase congestion in public streets, or increase the public danger of fire and safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort and welfare of the City.
F. Standards: In order to grant a variance to the strict application of any provision of this title, the board shall find that all of the following tests are satisfied:
1. The proposed variance will not threaten neighborhood integrity, nor have a substantially adverse effect on the use or value of other properties in the area adjacent to the subject property.
2. The proposed variance will be in harmony with the general purpose and spirit of this title.
3. The property in question cannot yield a reasonable return if used only as strictly allowed in the district where the property is located.
4. The owner's situation is unique or peculiar to the property in question, and the situation is not shared with other landowners in the area nor due to general conditions in the neighborhood.
5. The hardship is not of the landowner's or applicant's own making or that of a predecessor in title.
G. Vote To Decide: The concurring vote of three (3) members of the board shall be necessary to decide in favor of the variance. Any alternate member who begins hearing a case is required to finish the case, even if the regular member in whose place the alternate member is serving becomes available.
H. Denial; Reapplication: If the variance application is denied, applicants may not reapply for the same variance to the board before six (6) months have passed from the date of the first application.
I. Appropriate Conditions And Safeguards: In permitting a variance, the board may impose appropriate conditions and safeguards including, but not limited to, planting screens, fencing, construction commencement and completion deadlines, lighting, operations controls, improved traffic circulation requirements, highway access restrictions, increased minimum yard requirements, parking requirements, or any other requirement that the board deems appropriate under the circumstances. (Ord. 10-003, 1-19-2010, eff. 7-1-2010; amd. 2017 Code)