(a) Any person requesting a variance from the provisions of this Code for the district in which his or her property is located may apply to the Board for such variance. Such application shall be made in writing to the Building Commissioner.
(b) Such an application shall include:
(1) Name, address, and phone number of applicants.
(2) Legal description of the property.
(3) Description of the nature of the variance.
(4) A narrative statement demonstrating that the requested variance conforms to the following standards:
A. That special circumstances and conditions exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;
B. That a literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance;
C. That special conditions and circumstances do not result from the actions of the applicant;
D. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district.
(c) Board of Zoning Appeals may authorize upon appeal in specific cases such variance from the terms of this Code as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Code would result in practical difficulty or in unnecessary hardship, as applicable. No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this Code would result in practical difficulty or in unnecessary hardship, as applicable. A variance shall not be granted unless the Board makes specific findings of fact based directly on the particular evidence presented to it, which support conclusions that the standards stated above have been met.
(d) In approving a variance, the Board may designate such conditions in connection therewith as will, in its opinion, protect the health, safety, attractiveness and values of adjoining property. Permits approved by the Board for exceptions and variances from the regulations of this Code shall be void after one (1) year from the date of such approval, unless, in the case of new construction, work has been done above the foundation walls, and, in cases of occupancy of land or reconstruction or occupancy of buildings, the operation called for by such permit is well under way by the end of such one (1) year period.
(Ord. 2017-49. Passed 12-5-17.)