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(a) The Board of Zoning Appeals shall have the power to consider variances from these regulations where, by reason of exceptional narrowness, shallowness, shape, exceptional topography or similar unusual condition of a given lot, the strict application of the terms of this Zoning Code would result in peculiar and exceptional difficulties or undue hardship upon the owner thereof. Variances may only be granted from the measurable standards that apply within a given zoning district. The Board may include special conditions and requirements as described in Section 1246.04 as a condition of approval. Examples of authorized variances include finding that unique physical circumstances apply in a given circumstance and:
(1) Allowing any front, side or rear setback requirement to be reduced;
(2) Allowing a structure to be built on a lot that does not meet the required lot size for the zoning district in which it is located;
(3) Allowing off-street parking and/or loading requirements to be reduced;
(4) Allowing signs with larger area to be constructed or placed on a property; and
(5) Allowing a structure that does not meet maximum or minimum gross floor area requirements.
(b) All required forms, applications, information and fees shall be submitted at least ten working days prior to scheduled meeting date. In cases where a variance is requested for something that has already been done, an application fee of one hundred dollars ($100.00) shall apply and if the request is approved, the zoning permit is double the usual fee. Under normal circumstances, the application fee is twenty-five dollars ($25.00).
(c) Applications for variance requests may be taken by the Zoning Inspector. The Board shall grant such variance permits only if the same will not result in substantial detriment to the public good and will not substantially impair the intent and general purpose of this Zoning Code. Further, such variance permits shall be granted only if the Board finds that all of the following conditions exist:
(1) The special circumstances or conditions applying to the building or land in question are peculiar to such lot and do not apply generally to other lots or buildings in the immediate vicinity.
(2) The granting of the variance permit is necessary for the preservation and enjoyment of a substantial property right and not merely to serve as a convenience to the applicant.
(3) The special conditions and circumstances do not result from the actions of the applicant.
(4) The issuance of the variance permit will not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion in public streets, increase the danger of fire, imperil the public safety, unreasonably diminish or impair established property values within the surrounding area or in any other respect impair the health, safety, convenience or general welfare of the inhabitants of the City. Variance permits issued pursuant to the provisions of this subsection shall be in writing and shall set forth the exact nature of the variance permitted and all conditions and requirements exacted by the Board in connection therewith. A copy or other record thereof shall be kept by the Board, and a copy shall be furnished to the Zoning Inspector.
The Board of Zoning Appeals is restricted from granting a permanent variance under any condition for a temporary fixture other than those expressed above.
(Ord. 2002-45. Passed 8-22-02.)