(A) General. Where the Council finds that unreasonable hardships or difficulties may result from strict compliance with this chapter, or the purposes of this chapter may be served to a greater extent by an alternative proposal, it may approve variances to this chapter so that substantial justice may be done and the public interest secured; provided, that the variance shall not have the effect of nullifying the intent and purpose of this chapter; and further provided, the Council shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that:
(1) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property;
(2) The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property;
(3) Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of this chapter is carried out; and
(4) The variance will not in any manner materially vary the provisions of Chapter 156 of this code or the Comprehensive Plan.
(B) Criteria for variances from development requirements. Where the Council finds that the imposition of any development exaction pursuant to this chapter exceeds reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted, it may approve variances to those requirements, so as to prevent that excess.
(C) Conditions. In approving variances, the Council may require conditions as will, in its judgment, secure substantially the purposes described in § 155.003.
(D) Procedures. A petition for a variance shall be submitted in writing by the developer. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner.
(Ord. 487, passed 7-18-2000; Am. Ord. 737, passed 7-20-2016)