1213.04 VARIANCES.

   A.    Authority And Purpose. The Board of Zoning Appeals may vary the regulations of this Zoning Ordinance in harmony with its general purpose and intent. Variances shall be granted only in the specific instances, hereinafter set forth, where the hearing authority makes findings in accordance with the standards set forth in this Zoning Ordinance, and further, finds that the strict application of this Zoning Ordinance would result in practical difficulty or undue hardship.

   B.    Parties Entitled to Seek Variances. An application for a variance may be filed by any person, firm, or corporation, or by any office, department, board, bureau, or commission which has a legal interest in the property in the form of an ownership, a lease, or a purchase agreement for the property for which the variance is requested. If the applicant is a lessor, the written approval, with signature, of the owner shall be required as determined necessary by the Zoning Administrator.

 

   C.    Application. An application for a variance shall be filed with the Zoning Administrator. All applications shall be completed and filed no less than seventeen (17) calendar days prior to the scheduled hearing. Such application period may be waived by the Zoning Administrator for good cause shown, according to the schedule developed by the Zoning Administrator. (Ord. 03-67. Enacted 6-9-03.)

 

   D.    Public Hearing. The Board of Zoning Appeals shall hold one (1) public hearing in conformance with the requirements of Section 1213.01, Public Hearing Procedures, to review, consider, and approve, approve with conditions, or disapprove an application after the following public notification is given by the Zoning Administrator. Notice shall be provided by all of the following methods:

 

 

      1.   Mailing. Notice shall be sent by first class mail a minimum of ten (10) calendar days in advance of the public hearing, to all owners of land within two hundred (200) feet (inclusive of intervening streets and alleys) of the periphery of the land subject to the application whose names and addresses are known by reference to the most recently published ad valorem tax records of the County Appraiser, except that when the land is improved with a condominium, notice shall be given to the condominium association. Notice shall be presumed to have been given when mailed in accordance with these provisions.

      2.    Legal Notice. Legal notice shall be given by advertisement in a local newspaper of general circulation no less than four (4) days prior to the public hearing.

      3.    Notification to Organizations. Notification shall be sent by first class mail a minimum of ten (10) days prior to the public hearing to any organization which requests notice. (Ord. 04-131. Enacted 11-22-04.)

   E.    Standards for Variances. The regulations of this Zoning Ordinance shall not be varied unless findings based on the evidence are made in each specific case based on the following criteria:

      1.    Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship or practical difficulty to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be applied.

      2.    The conditions upon which an application for a variance is based are unique to the property for which the variance is sought, and are not applicable, generally, to other properties within the same zoning classification.

      3.    The purpose of the variance is not based upon a financial hardship alone.

      4.    The alleged practical difficulty or undue hardship is caused by this Zoning Ordinance and has not been created by any person having an interest in the property.

      5.    The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.

      6.    The granting of the variance will not alter the essential character of the neighborhood.

   F.    Limitations on Variances. Limitations on the degree or amount of variance are established below. These limitations shall constitute the maximum variance allowed and shall not be interpreted as the recommended variance.

      1.    Off-Street Parking and Loading Variances. The same off-street parking facility may be used to satisfy the parking requirements of this Zoning Ordinance for two (2) or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week, and provided that the reduction in Off-Street Parking spaces is no greater than forty percent (40%) of the total number required if calculated separately. An independent parking study may be requested for any such requests for variance.

      2.    Building Height. A variance may be granted to permit greater height where such additional height would more closely harmonize with adjoining development if, in the opinion of the Board of Zoning Appeals, such additional height would result in more appropriate development of the lot and remain consistent with the intent of the Zoning Ordinance.

      3.    Signs. A variance may be granted for signs in the C1, C2, CM, O, and I Districts to permit design flexibility where, in the opinion of the Board of Zoning Appeals, such signage is necessary for the proper identification of the business to which such signage is accessory and such signage will be suitable and appropriate to the proposed location.

      4.    Wireless Telecommunication Facility. A variance may be granted per the provisions in Chapter 1243.10 Wireless Telecommunication Facility Regulations.

      5.   Variances of Use Prohibited. Except as otherwise provided, the Board of Zoning Appeals shall have no power to authorize a variance which would establish a nonconforming use where none previously existed. The Board of Zoning Appeals shall have no power to authorize any use other than permitted in the Zoning Ordinance nor permit any variance which in effect changes the classification of use or usurps the legislative authority of the Council.

   G.    Confirmation of Variance by City Council. Any variance granted by the Board of Zoning Appeals which results in modification of standards required in this Zoning Ordinance relating to non-residential building height or offstreet parking space requirements by a factor greater than twenty percent (20%) shall require confirmation by ordinance of the City Council prior to the issuance of any building permit.

   H.    Validity of Variance Time Limit and Extension. Permits authorized by the Board of Zoning Appeals for variances or pursuant to appeals from the regulations of this Zoning Ordinance shall be void one (1) year after the date upon which approval was granted unless any of the following criteria is met:

      1.    In the case of new construction, work upon the structure shall have begun above the foundation walls.

      2.    In the case of occupancy of land, the use has commenced.

      3.    In the case of reconstruction or modifications to a structure, a Certificate of Occupancy has been granted.

      4.    If the time period is extended by a majority vote of the Board of Zoning Appeals.

      5.    If the time period is extended by the Zoning Administrator pursuant to Section 1212.06.B.7, Guarantee of Time Extensions.