(a) A building permit application initial submission or re-submission may indicate that a variance is sought for a particular dimensional or non-dimensional regulation of the Zoning Code.
(b) A building permit application seeking a variance should include the following elements:
(1) The nature of the variance, including the specific provisions of the Zoning Code upon which the variance is requested;
(2) A legal description of the property;
(3) A statement of the special circumstances or conditions applying to the land or structure and not applying generally throughout the district;
(4) A statement showing that the special conditions and circumstances do not result from the actions of the applicant;
(5) A statement showing that the granting of the application is necessary to the preservation and enjoyment of substantial property rights;
(6) Such other information regarding the application for variance as may be pertinent or required for appropriate action by the Board of Zoning Appeals;
(7) A list containing the names and mailing addresses of all owners of property within 250 feet of the parcel at issue; and
(8) A fee, as indicated by a fee schedule approved by Council, that covers the cost of mailing notices and other expenses involved in a hearing before the Board of Zoning Appeals.
(c) If such application for variance is made, the Building Officer, during review of the building permit application, shall review all other elements of the zoning permit application. If all other elements of the building permit application are found to be compliant with the regulations of the Zoning Code, the Building Officer shall, within fourteen (14) calendar days of receipt of the building permit application initial submission or re-submission, forward the application to the Board of Zoning Appeals with certification of compliance, pending the approval of a variance.
(d) The Board of Zoning Appeals, upon receipt of the application, shall begin the review and hearing procedures as outlined later in this chapter.
(e) A variance, if approved, is valid until the structure that is the subject of the variance is structurally modified or a use is changed, except when the Board of Zoning Appeals prescribes other expiration conditions during its approval of the variance.
(Ord. 2022-110. Passed 12-12-22.)