A. Purpose. Variances allow certain provisions of this UDO (such as height, setback, lot coverage, sign area, or other similar numerical standards) when a hardship can be demonstrated by the landowner. The hardship should be due to special circumstances or conditions (such as unique lot configuration or topographical difficulties) making the typical application of standards an undue hardship to the landowner. The BOA may grant the variance request if it concludes that strict enforcement of the ordinance would result in unnecessary hardships for the applicant and that by granting the variance, the intent of the particular ordinance provision shall be observed.
B. Application.
1. Variance applications shall be submitted to the Planning and Development Department.
2. Variances shall only be granted on the basis of hardships, i.e. that strict application of the UDO would cause unnecessary hardship on the property owner.
3. Variances shall only be permitted for numerical standards of this UDO and may not be sought for density or to allow a use not permissible in a certain zoning district.
C. Review Process.
1. The application shall be reviewed by Planning and Development Department for consistency with the regulations of this UDO and any other relevant City ordinances and adopted plans. No variance shall be approved which constitutes a danger to the general welfare of the public. A report shall be provided to the BOA to use in their review. The report shall state the variance’s departure with the typical numerical standard within the UDO, as well as any staff recommendations for additional requirements to be imposed by the BOA.
2. The BOA shall review the variance application and hold an evidentiary hearing.
D. Board of Adjustment Evidentiary Hearing.
1. Burden of Presenting Evidence. The burden of presenting a complete application is upon the applicant and the hearing shall be quasi-judicial in nature.
2. The BOA will review the proposed variance request and may vary any of the provisions of the UDO upon a showing of all of the following:
a. Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
b. The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance,
c. The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.
d. The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured, and substantial justice is achieved.
3. The BOA may also consider whether the variance is the minimum necessary to make possible the reasonable use of the land, building, or structure.
4. The BOA shall vote whether the criteria above has been met based upon the evidence submitted, and either approve the request or deny the request, through a four-fifths majority. The BOA may add additional requirements but may not waive or reduce any applicable standards set forth in this UDO.
E. Effect. Approval of a variance request allows for relief only from the approved portion of the UDO. All other provisions of this UDO shall be met. A variance shall not expire.