This procedure is intended to provide relief from the terms of this chapter when, because of special circumstances applicable to the property, the strict application of this chapter deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification, and to ensure that any adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and the district in which such property is located.
(A) Application.
(1) Application for a variance shall be filed with the Building and Zoning Officer. The application shall contain the following:
(a) Name and address of the owner or applicant;
(b) Address and legal description of the property;
(c) If the applicant is not the legal owner of the property, a statement that the applicant is the authorized agent of the owner;
(d) A statement describing the variance requested and the reasons why it complies with the criteria for variances provided in this section; and
(e) Site plans, preliminary building elevations, preliminary improvement plans or other maps or drawings, sufficiently dimensioned as required to illustrate the following, to the extent related to the variance application:
1. Existing and proposed location and arrangement of uses on the site, and on abutting sites within 50 feet;
2. Existing and proposed site improvements, buildings and other structures on the site, and any off-site improvements related to or necessitated by the proposed use. Building elevations shall be sufficient to indicate the general height, bulk, scale and architectural character;
3. Existing and proposed topography, grading landscaping and screening, irrigation facilities, and erosion control measures; and
4. Existing and proposed parking, loading, and traffic and pedestrian circulation features, both on the site and any off-site facilities or improvements related to or necessitated by the proposed use.
(2) The Building and Zoning Officer may request additional information necessary to enable a complete analysis and evaluation of the variance request, and a determination as to whether the circumstances prescribed for the granting of a variance exists.
(3) The application shall be accompanied by a fee established by the City Council.
(B) Report of the Building and Zoning Officer. The Building and Zoning Officer shall review and prepare a report on the application. The report shall be filed with the Board of Adjustment and available to the applicant at the time of the public hearing.
(C) Public hearing and notice. The Board of Adjustment shall hold a public hearing on each application for a variance. Notice shall be given as prescribed in § 155.299.
(D) Action by the Board of Adjustment.
(1) The Board of Adjustment shall act upon the application not more than 20 days following the closing of the public hearing on a variance. The Board may grant a variance as the variance was applied for or in a modified form, or subject to conditions, or the application may be denied. A variance may be revocable, may be granted for a limited time period or may be granted subject to conditions as the Board may prescribe. The Board shall notify the applicant of its decision by mail.
(2) The concurring vote of four members of the Board of Adjustment shall be necessary to grant a variance.
(E) Findings; basic criteria. The Board of Adjustment may grant a variance if it makes affirmative findings of fact on each of the following criteria:
(1) The zoning regulations applicable to the property do not allow for a reasonable use;
(2) The hardship for which the variance is requested is unique to the property and not general to the area in which the property is located;
(3) The variance will not alter the character of the area adjacent to the property, will not impair the use of adjacent conforming property and will not impair the purposes or regulations of the zoning district in which the property is located; and
(4) The hardship for which the variance is requested did not result from actions of the applicant.
(F) Lapse of variance. Unless a longer time period shall be specifically established as a condition of approval, a variance shall lapse and shall become null and void, one year following the date on which the variance became effective, unless prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the variance application, or a certificate of occupancy is issued for the site or structure which was the subject of the variance application, or the site is occupied if no building permit or certificate of occupancy is required.
(G) Revocation. Upon violation of any applicable provision of this chapter, or if granted subject to conditions, upon failure to comply with conditions, a variance shall be revoked upon notification to the owner of the use or property subject to the variance.
(H) Variance to run with land or structure. Unless otherwise specified at the time a variance is granted, a variance shall run with the land and shall continue to be valid upon change of ownership of the site or structure to which it applies.
(Prior Code, § 9-12-2) (Ord. passed 10-11-1990; Ord. 407, passed 1-20-1992)