(A) A variance is a relaxation of the strict terms of these zoning regulations in order to provide relief for a property owner or occupant upon whom these zoning regulations have imposed undue hardship or difficulty. Usually variance applications request relief from required lot sizes and widths, setbacks, and minimum yards. Variances should be granted only to provide relief in unusual situations which were not intended or foreseen when these regulations were adopted. No variance should be granted unless it will be in harmony with the general intent and purpose of these regulations.
(B) Authorization. After a public hearing before the Planning and Zoning Board, the City Council may authorize variances from the terms of these regulations as will not be contrary to the public interest. Variances may be authorized only in those specific instances enumerated in division (E).
(C) Application for variance. An application for a variance shall be filed with the city who shall transmit the application immediately to the Chairman of the Planning and Zoning Board. The application shall contain the following information:
(1) A plan or drawing which accurately and completely depicts the proposed use necessitating a variance;
(2) The particular requirements of these regulations which prevent the proposed use or construction;
(3) The characteristics of the subject property which prevent compliance with the requirements of these regulations;
(4) The reduction of the minimum requirements of these regulations which would be necessary to permit the proposed use or construction;
(5) The practical difficulty or particular hardship which would result if the particular requirements of these regulations were applied to the subject property; and
(6) Payment of variance application fee as specified in “Appendix A – Scheduled Zoning Fees and Charges”. Payment shall be required at the time of application.
(D) Hearing and notice. The Planning and Zoning Board shall select a reasonable time and place for a hearing and give public notice of the hearing in accordance with § 153.080.
(E) Standards for variances. The Planning and Zoning Board may recommend to the City Council, the granting of a variance, and the City Council shall grant a variance only when the granting of the variance will be in harmony with the general purposes and intent of these regulations, and will not be injurious to the neighborhood, detrimental to the public welfare or in conflict with the city master plan. In determining whether to recommend or grant the variance, the Planning and Zoning Board and City Council shall take into consideration the standards listed below. The Planning and Zoning Board may recommend to the City Council, and the City Council may impose such conditions and restrictions upon the location, construction, design, and use of the property benefitted by a variance as may be necessary or appropriate to comply with the standards listed below and to protect adjacent property and property values:
(1) Whether special circumstances or conditions, such as exceptional narrowness, topography, or location, fully described in the report of the Planning and Zoning Board, apply to the land for which a variance is sought, and which conditions do not apply generally in the district;
(2) Whether special circumstances or conditions have resulted from any act of the applicant subsequent to the adoption of these regulations, whether or not in violation of the provisions thereof;
(3) Whether the aforesaid circumstances or conditions are such that the strict application of the provisions of these regulations would deprive the applicant of a reasonable use of applicant's land.
(F) Decision on variances. A concurring vote of 4 members of the Planning and Zoning Board shall be necessary to recommend that a variance be granted. The recommendations of the Planning and Zoning Board shall be in writing and shall contain its finding of fact. Variances shall be granted by the City Council only by ordinance. In the event that the Planning and Zoning Board fails to recommend that a proposed variance be granted, then a variance may be granted by the City Council only upon the favorable vote of 2/3 of all the Aldermen on the City Council. The City Council may permit a variance of the parking regulations herein where an applicant demonstrates conclusively that the specific use of a building would make unnecessary the parking spaces required by these regulations; provided, however, that a reduction may not be more than 50% of the usual requirement.
(Am. Ord. 2014-36, passed 9-8-2014)