(A) Applicability.
(1) The Board of Zoning Adjustment shall have the power to authorize variances in specific cases as described herein and that are consistent with the provisions of this chapter and other city codes.
(2) The Board of Zoning Adjustment shall hear and decide all applications for variances from the requirements and standards set forth in this chapter and that are not contrary to the public interest. When an owner's authorized agent seeks a variance, said owner or agent shall be required to establish that the literal enforcement of the code would result in an unnecessary hardship unless a variance is granted.
(3) Variances shall not be granted for the use of any land, structure, or building that is not permitted in the applicable zoning district. In those cases, an application to rezone the property is required.
(4) Variances shall not be granted to alter residential density requirements in the zone in question.
(5) A variance applies to the property for which it is granted, and not to the individual who applied for it. A variance runs with the land and is transferable to any future owner of the land, but it cannot be transferred by the applicant to a different site.
(B) Notification requirements. The Board of Zoning Adjustment shall hold a public hearing subject to the requirements of § 154.122
(C) Public Notification for Public Hearings.
(C) Approval conditions. The Board of Zoning Adjustment may grant variances, as authorized in this zoning code, if it determines a justifiable reason for the variance. The evaluation shall include, but is not limited to, the following factors:
(1) Whether special conditions and circumstances exist which are peculiar to the land or structure involved and which are not applicable generally to other lands or structures in the same zoning district; examples of such special conditions or circumstances are: exceptional irregularity, narrowness, shallowness, or steepness of the lot, or adjacency to nonconforming and inharmonious uses, structures, or conditions.
(2) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance.
(3) Whether the variance is substantial and is the minimum necessary to make possible the reasonable use of the land or structures.
(4) Whether the essential character of the neighborhood would be substantially altered or whether adjacent properties would suffer substantial detriment because of the variance.
(5) Whether the variance would adversely affect the delivery of governmental services such as water, sewer, and refuse pick-up.
(6) Whether special conditions or circumstances exist because of actions of the owner.
(7) Whether the property owner's predicament can feasibly be remedied through some method other than a variance.
(8) Whether the spirit and intent behind these code requirements would be observed and substantial justice done by granting a variance.
(9) Whether the granting of the variance requested will confer on the owner any special privilege that is denied by this regulation to other lands, structures, or buildings in the same district.
(10) No single factor listed above may control, and not all factors may be applicable in each case. Each case shall be determined on its own facts.
(11) Following a public hearing, the Board of Zoning Appeals shall approve, approve with conditions, or disapprove the request. If the variance is denied by the Board of Zoning Appeals, the owner or agent may appear the decision to City Council.
(Ord. 22:2019, passed 6-10-19)