The Planning and Zoning Commission may authorize upon appeal in specific cases such variance from the terms of this Zoning Code as will not be contrary to the public interest according to the following procedures:
(a) Application Requirements. An application for a variance shall be filed with the Zoning Administrator for review by the Planning and Zoning Commission upon the forms provided, and shall be accompanied by the following requirements necessary to convey the reason(s) for the requested variance:
(1) The name, address, and phone number of applicant(s), and the names and addresses of all property owners within 500 feet of the boundaries of the tract or lot under appeal;
(2) Proof of ownership, legal interest, or written authority;
(3) A description of the property or portion thereof;
(4) A description or nature of the variance requested;
(5) Narrative statements establishing and substantiating the justification for the variance pursuant to subsections (c) and (d) below;
(6) Site plans, floor plans, elevations, and other drawings at a reasonable scale to convey the need for the variance;
(7) Payment of the application fee as established by Council; and
(8) Any other documents deemed necessary by the Zoning Administrator.
Upon receipt of a written request for a variance, the Zoning Administrator shall, within a reasonable amount of time, make a preliminary review of the request to determine whether such application provides the information necessary for review and evaluation. If it is determined that such application does not provide the information necessary for such review and evaluation, the Zoning Administrator shall so advise the applicant of the deficiencies and shall not further process the application until the deficiency is corrected.
(b) Public Hearing by the Commission. According to the procedures established for appeals in Section 1232.07, the Commission shall hold a public hearing and give notice of the same.
(c) Criteria and Findings for Granting of Variances. The Commission may authorize variances from the literal or exact enforcement of the requirements and specification of this Zoning Code, in accordance with the following criteria. There are two categories of variances: those relating to use and those relating to area requirements.
(1) Use variances. In the case of a variance for use, the Planning and Zoning Commission may authorize a variance if it determines that the variance will result in no substantial detriment to any surrounding property, that the intent and purpose of this Zoning Code are not impaired, and when one or more of the following apply:
A. Unnecessary hardship. Where the literal interpretation of this Zoning Code would result in unnecessary hardships peculiar to the property involved and not based on conditions created by the owner, the Commission may grant relief therefrom. For purposes of this paragraph, the limiting of possibilities of economic advantage do not constitute unnecessary hardship.
B. Exceptional circumstances. Where there are exceptional or extraordinary circumstances or conditions applying to the property in question that do not apply generally to other properties or classes of uses in the same zoning district. If there is a general or recurrent condition or situation, the Planning and Zoning Commission may determine that there be a general rule or regulation for such situation.
(2) Variances relating to specific area requirements. For the purpose of this Zoning Code, an area variance shall include any variance related to a numerical requirement governing building setbacks, building height, yards, signs, parking, landscaping, and other similar standards regulating the bulk of buildings and structures. An area variance shall not include an increase in the maximum density. The Commission shall review each application for an area variance to determine if it complies with the purpose and intent of this Code and shall review the evidence to determine if such demonstrates that the literal enforcement of this Code will result in the following:
A. Practical difficulty. The factors to be considered and weighed by the Commission in determining practical difficulty include (but are not limited to) the following:
1. Whether the property owner purchased the property with knowledge (or would be expected to have known) of the zoning restriction. And whether the special circumstances noted by the applicant exist as a result of actions of the owner;
2. Whether the property in question will yield a reasonable return under the strict interpretation of this Zoning Code;
3. Whether there can be any beneficial use of the property without the variance;
4. Whether the property owner's predicament can be obviated through some method other than granting the variance;
5. Whether the variance is substantial;
6. Whether the essential character of the neighborhood would be substantially altered as a result of the variance; or
7. Whether the variance would adversely affect the delivery of governmental services such as water, sewer, trash pickup.
B. Cumulative Effect. The Commission shall consider what the cumulative effect would be if all lots with the same situation as the applicant for the variance were to be granted the requested variance.
C. No detrimental effects. The Commission must find that there will be no substantial detriment to any surrounding property and that the intent and purpose of this Zoning Code are not impaired.
(d) Conditions. The Commission may attach conditions regarding the location, character, or size of a structure or the location, character, size, or hours of operation of a use, prior to granting a variance, as it deems necessary for the public interest.
(e) Guarantees. In granting a variance, the Commission may require a guarantee or a performance bond to ensure that such variance or attached conditions are and will be complied with.
(f) Action by the Commission. The Commission shall either approve, approve with supplementary conditions as specified in subsection (e) hereof, or disapprove the request for a variance. The Commission shall further provide a statement in writing describing the criteria, findings, and/or issues of “unnecessary hardship” or “practical difficulty” pursuant to subsection (c) hereof that justify the granting or denial of the variance.
(g) Term and Extension of Variance. Variances shall not be assignable and shall expire twelve months from the date of their enactment or at a time specified as a condition of the variance, unless prior thereto, the applicant commences actual construction in accordance with the granted variance. There shall be no modification of variances except by further consideration of the Planning and Zoning Commission. Requests for renewal of expired variances shall be considered to be the same as an application for a variance and shall meet all requirements for application and review pursuant to this section.
(Ord. 24-97. Passed 10-14- 97; Ord. 63-2019. Passed 9-10-19; Ord. 25- 2021. Passed 4-13-21.)