(a) Application for Variance. An application for a variance may be taken by any property owner, including a tenant, from the provisions and requirements of this chapter. The application shall be to the Board of Zoning Appeals (hereinafter referred to as the Board). The application shall be filed with the Administrative office of the Board, who shall transmit the same to the Board. A fee as established by Council shall accompany any application for a variance.
(b) Variance by Board. No variance shall be granted unless the board finds that all of the following facts and conditions exist:
(1) That special circumstances or conditions apply to the subject property that do not apply generally to other properties in the same zoning district.
(2) That the special circumstances or conditions are not the result of the actions of the property owner or applicant.
(3) That the special circumstances or conditions make it necessary that a variance be granted to preserve a substantial property right of the applicant which is possessed by owners of other property in the same zoning district.
(4) That the grant of a variance will not be injurious to neighboring properties and will not be contrary to the public interest or the intent and purpose of this Chapter.
Factors or standards to be considered and weighed for an area variance include, but are not limited to the following:
(1) Whether the variance is substantial.
(2) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance.
(3) Whether the variance would adversely affect the delivery of governmental services.
(4) Whether the property owner's predicament feasibly can be prevented through some method other than a variance.
(5) Whether the spirit and intent behind the fence regulations would be observed and substantial justice done by granting the variance.
(c) In granting a variance, the board, may impose such requirements and conditions regarding the location, character and other features of the proposed fence structure as the board deems necessary to carry out the intent and purpose of the fence regulations and to otherwise safeguard the public safety and welfare.
(Ord. 33-05. Passed 11-8-05.)