A. Criteria For Granting Variances: A variance to the provision of this title may be recommended by the board of zoning adjustment to provide relief to the landowner in those cases where this title imposes undue hardship or practical difficulties to the property owner in the use of the land. No use variances may be issued. A variance may be granted only in the event that all of the following circumstances exist:
1. Exception or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of property since enactment of this title have had no control.
2. The literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title.
3. That the special conditions or circumstances do not result from the actions of the applicant.
4. That granting the variance requested will not confer on the applicant any special privilege that is denied by this title to owners of other lands, structures or buildings in the same district.
5. That the variance requested is the minimum variance. Economic conditions alone shall not be considered a hardship.
6. The variance would not be materially detrimental to the purposes of this title, or to other property in the same zone.
7. The proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or substantially diminish or impair property values within the neighborhood.
B. Required Exhibits For Variances:
1. Required Information: A boundary description and preliminary building and site development plan subject to approval of the zoning administrator. The board of zoning adjustment may require a certified survey.
2. Proof Of Ownership: Evidence of ownership or enforceable option on the property.
C. Procedures: The procedure for obtaining a variance from the regulations of this title are as follows:
1. Meet With Zoning Administrator: The property owner or designated agent shall meet with the zoning administrator to explain the situation, learn the procedures and obtain an application form.
2. Application; Fee: The applicant shall file the completed application form together with the required exhibits with the zoning administrator and shall pay a filing fee as established by the city council.
3. Transmittal To Board Of Zoning Adjustment; Notice To Property Owners: The zoning administrator shall transmit the application and required exhibits to the board of zoning adjustment within thirty (30) days after receipt, and shall notify all property owners within the affected zone and within one hundred feet (100') of the outer boundaries of the property in question; however, failure of any property owner to receive such notification shall not invalidate the proceedings.
4. Notice Of Hearing: The zoning administrator shall set the date for a public hearing and shall have notice of such hearing published in the legal newspaper at least once, not less than ten (10) days and not more than thirty (30) days prior to said hearing.
5. Hearing: The board of zoning adjustment shall hold a public hearing on the proposed variance and shall make a decision on the proposal within thirty (30) days. The board of zoning adjustment may impose such restrictions and conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this title, or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance. The board of zoning adjustment shall take one of three (3) actions, i.e., approval, denial or conditional approval.
6. Action By City Council: The city council shall act upon the application within thirty (30) days after receiving the recommendation of the board of zoning adjustment.
7. Right To Appeal: The applicant shall have the right to appeal the decision of the board of zoning adjustment to the city council within ten (10) days after the decision by the board.
8. Reapplication: No application by a property owner for a variance shall be submitted to the board of appeals within a six (6) month period following a denial of such a request, except the board may permit a new application if, in the opinion of the board, new evidence of change or circumstances warrant it.
9. Expiration: A variance shall be deemed to authorize only one particular use and shall expire if work does not commence within six (6) months of the date of granting such variance or if that use ceases for more than six (6) consecutive months.
10. Revocation: The city council may revoke a variance if any conditions established as part of granting the variance request are violated, following a public hearing. (1998 Code)