(A) Granting variance. Variations from the provisions of this title may be granted by the Board of Zoning Appeals where practical difficulties or unusual hardships in complying with such provisions are determined to exist, but only after a public hearing has been duly advertised and held by such Board. The Board of Zoning Appeals may impose such restrictions and conditions upon the premises benefitted by a variance as it considers necessary so that the public health, safety and general welfare may be secured and substantial justice done.
(B) Application. Application for variances shall be accompanied by the boundary survey and plot plan as required for building permit applications, unless waived by the Board of Zoning Appeals.
(C) Procedures. The procedure for applying for a variance from the regulations of this title is as follows:
(1) The property owner or his or her agent shall meet with the Zoning Officer to explain his or her situation, learn the procedures;
(2) The applicant shall file the completed application form, together with the required exhibits, with the Zoning Officer and shall pay a filing fee of $10 and shall also pay the costs of publication as required in division (C)(5) below;
(3) The Zoning Officer shall transmit the application to the Chairperson of the Board of Appeals and shall determine with such Chairperson the time and place of the required public hearing;
(4) The Zoning Officer shall give notice of the scheduled public hearing to all property owners within 250 feet of the outer boundaries of the property in question; however, failure of any property owner to receive such notification shall not invalidate the proceedings;
(5) The Zoning Officer shall have notice of the scheduled public hearing published in the official municipal newspaper; and
(6) The Board of Zoning Appeals shall hold the public hearing within 45 days of filing and shall take one of three actions: approval; denial; or conditional approval.
(D) Standards for granting variances. The Board of Zoning Appeals may vary the regulations of this title when supporting evidence in each specific case indicates that:
(1) Because of the particular physical surroundings, shape or topographic conditions of the specific parcel of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;
(2) The conditions upon which the petition for a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to the other property within the same zoning classification;
(3) The purpose of the variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land;
(4) The alleged difficulty or hardship is caused by the provisions of this title and has not been created by any persons presently or formerly having an interest in the parcel of land;
(5) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the vicinity in which the parcel of land is located; and
(6) 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 increase the danger of fire, or endanger the public safety or substantially diminish or impair property values within the vicinity.
(1974 Code, § 9-13-5) (Ord. 501, passed 10-24-1967; Ord. 680, passed 5-10-1983)