(A) Application. An owner of property with an existing structure which does not comply with the Zoning Code, or of property on which such a structure is proposed to be constructed, may apply for a variance upon payment of the fee specified in Chapter 33.
(B) City Council approved. Variances to the dimensional provisions of the Zoning Code may be granted by the City Council upon recommendation of the Board of Adjustments and Appeals, after a hearing is held by the Board of Adjustments and Appeals. Variances will not be granted with respect to uses. A majority affirmative vote of City Councilmembers present is required to approve a variance.
(C) Evidence. No variance will be granted unless the evidence presented discloses all of the following facts.
(1) The subject matter of the application is within the scope of this section.
(2) Strict enforcement would cause practical difficulties because:
(a) The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Code;
(b) The plight of the property owner is due to circumstances unique to the property not created by the property owner;
(c) The variance, if granted, will not alter the essential character of the locality; and
(d) Economic considerations alone are not the basis of the practical difficulties.
(3) The variance, if granted, would be consistent with the city’s Comprehensive Land Use Plan.
(4) The granting of the variance is in harmony with the general purposes and intent of the Zoning Code.
(D) Planning Commission recommendation. The Planning Commission will consider the application at a public hearing at any regular or special meeting. Notice for the hearing will be given in accordance with §§ 30.45 through 30.48. The Planning Commission, sitting as the Board of Adjustments and Appeals, will make a recommendation to the City Council as follows:
(1) Recommend that the variance application be granted because the evidence considered at the meeting supports each of the findings required under division (C) above; and/or
(2) Recommend that the variance application be denied because the applicant did not present sufficient evidence for the Planning Commission to make all of the findings required under division (C) above.
(E) City Council consideration. After the minutes of the Planning Commission meeting have been forwarded to the City Council, the City Council will consider the application and recommendation of the Planning Commission. Within 60 days after its first consideration, the City Council will by motion grant or deny the application according to the provisions of division (C) above and will make a record in the minutes stating its conclusions with respect to each of the findings required under division (C) above.
(F) Expiration of variance. If a variance is granted but the building or other structure permitted by the variance is not constructed within one year from the date the variance is granted, the variance will expire and will be of no further force or effect.
(Prior Code, § 152.245) (Ord. 2011-06, passed 6-28-2011)