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(A) Intent. These variance review procedures are instituted to provide an opportunity for the relaxation of the terms of the Zoning Chapter through a non-use variance, where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, or his or her predecessors in title, a literal enforcement of the chapter would result in practical difficulty. As used in this chapter, a variance is authorized only for dimensional requirements such as height, area, and size of structure, or size of yards and open spaces and for non-use requirements such as parking and landscape requirements. The establishment or expansion of a use otherwise prohibited shall not be allowed by use variance, nor shall a use variance be granted because of the presence of non-conformities in the Zoning District or uses in an adjoining Zoning District.
(B) Approval. The Board shall approve with or without conditions, or disapprove the non-use variance application and shall communicate its action in writing to the applicant and the City Commission shall not approve an application for a non-use variance unless it has found positively that all of the following standards for approval have been met:
(1) That compliance of the strict letter of the chapter would unreasonably present the owner from using the property for a permitted purpose or would render conformity with such restrictions unnecessarily burdensome;
(2) That a grant of the variance applied for would do substantial justice to the applicant as well as to other property owners in the district, and that a lesser relaxation than that applied for would give substantial relief to the owner of the property involved and be more consistent with justice to other property owners;
(3) That the plight of the landowner is due to the unique circumstances of the property;
(4) That the problem is not self-created.
(5) In granting a non-use variance, the Zoning Board of Appeals shall ensure that the spirit of the chapter is observed, public safety secured, and substantial justice done.
(Ord. 616, passed 9-23-2013)