§ 153.217  VARIANCE.
   Each zoning district has specific development standards and a variance is a special request for the city to waive or alter one or more of those standards. When practical difficulties, unnecessary hardship and outcomes inconsistent with the general purpose of this title may result from the strict application of certain provisions thereof, a variance may be granted as provided in this section except for uses not permitted by zoning district regulations.
   (A)   Form. An application for variance shall be made in writing on a form prescribed by the city and shall be accompanied by a filing fee (that is subject to change by City Council resolution) and statement, plans and evidence showing:
      (1)   Because of special circumstances applicable to the property including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives the subject property of the privileges enjoyed by other properties in the vicinity and under identical zone classifications.
      (2)   The granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner and will not constitute a grant of special privileges.
      (3)   The granting of such application will not, under the circumstances of the particular case, materially adversely affect the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not, under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood.
   (B)   Public hearing. Whenever an application for a variance is submitted to the Planning Commission, the Planning Commission shall give notice of hearing thereof in the same manner and for the same period of time as required for use permits under § 153.216(B) of this title.
   (C)   Action by the Planning Commission.
      (1)   After the conclusion of the public hearing, the Planning Commission shall make a finding of facts indicating whether the circumstances enumerated in Division (A) hereof apply to the land, buildings or use for which a variance is sought. If the variance is in harmony with the general purpose of this title, it shall grant, by resolution, such variance.
      (2)   The Planning Commission may impose such conditions in connection with the variance as it deems necessary to secure the purposes of this chapter and may require a bond guarantee or other assurances that such conditions are being or will be complied with.
   (D)   Effect.
      (1)   No application for a variance which has been denied shall be resubmitted for a period of 1 year from the date of said order of denial became final, except on grounds of new evidence or proof of change of conditions found to be valid by the Planning Commission.
      (2)   Any variance granted shall be null and void 12 months from the date of final approval thereof unless prior to such expiration date, the property is being used as stated in the variance, or unless a valid building permit is in effect for the construction of buildings or appurtenances to such variance. The Planning Commission may defer expiration of the variance for a period not exceeding one year upon receiving an application, in writing, by the owner of the property prior to expiration provided the conditions for granting the variance have not changed.
   (E)   The Planning Commission may revoke or modify the approval of a variance as indicated in § 153.247 of this chapter.
(Ord. 2016-003, passed 4-26-16)