(A) Applicability; Authorized Variations: Variations from the use regulations of this title are prohibited. This section is intended to allow variations from the dimensional standards of this title, such as setbacks or building height; parking requirements; or landscape requirements.
(B) Filing: Applications for variations must be filed with the Spring Valley city clerk.
(C) Public Hearing: The board of zoning appeals must hold a public hearing on the proposed variation. Written and published notice must be provided according to the requirements of subsections 14-11-1(F)1 and (F)2 of this chapter.
(D) Approval Criteria And Review Factors:
1. Evidence Of Practical Difficulties Or Particular Hardships: In order to approve a variation, the board of zoning appeals must find evidence that practical difficulties or particular hardships exist. The board must find evidence of all of the following:
(a) The property in question cannot yield a reasonable return if permitted to be used only according to the requirements of this chapter;
(b) The practical difficulties or particular hardships are due to unique circumstances and are not generally applicable to similarly situated property; and
(c) The variation, if granted, will not alter the essential character of the neighborhood or area.
2. Other Review Factors: In determining whether practical difficulties or particular hardships exist, the board of zoning appeals must also consider whether the evidence submitted supports the following:
(a) The particular physical surroundings, shape or topographical conditions of the specific property involved would result in a particular hardship upon the owner as distinguished from a mere inconvenience if the regulations were strictly enforced;
(b) The conditions upon which the petition for variation is based would not be applicable generally to other property within the same zoning classification;
(c) The alleged practical difficulty or particular hardship has not been created by any person presently having an interest in the property;
(d) The granting of the variation will not be detrimental to the public welfare or harmful to other property or improvements in the neighborhood or area; and
(e) The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.
(E) Conditions Of Approval: The board of zoning appeals shall make a written recommendation to the Spring Valley city council on the proposed variation. The board of zoning appeals may impose conditions and restrictions upon the subject property as part of its recommendation that are necessary to avoid or minimize any potentially harmful effects on other property in the neighborhood, and to carry out the purpose and intent of this title, as stated in section 14-1-6 of this title. The recommendation of the board of zoning appeals shall be submitted to the Spring Valley city council and the Spring Valley city council shall approve or reject the recommendation of the board of zoning appeals on the proposed variation.
(F) Variations From Flood Protection Standards: Upon application and after fifteen (15) days' notice of a public hearing, the city council may grant a variance of the standards in chapter 8, "Flood Damage Prevention", of this title, subject to compliance with the provisions of 44 CFR 60.6 of the rules and regulations of the national flood insurance program and such other conditions as the city council deems necessary to comply with the intent of this chapter. (Ord. 1379, 6-9-2008)