(a) Nature of Variance.
(1) On a particular property, extraordinary circumstances may exist making strict enforcement of the applicable development standards of this Zoning Code unreasonable. Therefore, the procedure for a variance from development standards is provided to allow the flexibility necessary to adapt to changed or unusual conditions, both foreseen and unforeseen, under circumstances which do not ordinarily involve a change of the primary use of the land or structure permitted.
(2) Description of property and nature of variance. The application for a variance shall include the following information:
A. The nature of the variance, including the specific provisions of this Zoning Code upon which the variance is requested;
B. A legal description of the property;
C. A statement of the special circumstances or conditions applying to the land or structure and not applying generally throughout the zoning district;
D. A statement showing that the special conditions and circumstances do not result from the actions of the applicant;
E. A statement showing that the granting of the application is necessary to the preservation and enjoyment of substantial property rights; and
F. 1. Such other information regarding the application as may be pertinent or required for appropriate action by the Council.
2. Plot plan. The application shall be accompanied by three copies of a plot plan drawn to an appropriate scale showing the following:
(a) The boundaries and dimensions of the lot;
(b) The nature of the special conditions or circumstances giving rise to the application for approval;
(c) The size and location of existing and proposed structures;
(d) The proposed use of all parts of the lot and structures, including accessways, walks, off-street parking and loading spaces, and landscaping;
(e) The relationship of the requested variance to the development standards; and
(f) The use of land and the location of structures on adjacent property.
(b) Review by Planning and Zoning Commission. One copy of the application and plot plan shall be forwarded to the Planning and Zoning Commission not less than 15 days prior to the date of the public hearing on the application. The Commission, shall review the application and submit a written report to Council on or before the date of the public hearing. Such report shall recommend approval, modification or disapproval of the variance and the reasons therefor.
(c) Actions of Council. Council shall hold a public hearing and act on an application in one of the following ways.
(1) Approval. Council shall only approve a variance or modification thereof if the following findings are made:
A. Special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable to other lands or structures in the same zoning district;
B. A literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Zoning Code;
C. The special conditions and circumstances do not result from the action of the applicant;
D. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Zoning Code to other lands or structures in the same zoning district; and
E. Granting the variance will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed development, be materially detrimental to the public welfare, or be injurious to private property or public improvements in the vicinity.
(2) Change of Zoning Use. In the event a variance or modification thereof would change the character of the land use, the result of which would be to permit a different zoning use on the property, all in accordance with the foregoing sections, then the variance or modification shall become effective only after it has been approved as a variance or modification by Council.
(3) Certificate of Zoning Compliance. A certificate of zoning compliance may be issued for an approved variance within a period of one year from the date of final approval by Council.
(4) Building Permit. A building permit may be obtained for the development only in accordance with the approved plot plan.
(Ord. 5-89, passed 5-8-1989)