A. Waiver, Modification, Or Variance: Any person or entity desiring a waiver or modification of the requirements of this chapter as applied to a parcel that he/she owns, leases, or in which he/she holds some other beneficial interest may apply to the Board of Adjustment for a variance from the terms of this chapter. See section 11-7-7 of this title.
B. Prohibited Variances: The Board of Adjustment may not grant a use variance.
C. Standards: The Board of Adjustment may grant a zoning variance only if:
1. Literal enforcement of the Code would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of this chapter;
2. There are special circumstances attached to the parcel that do not generally apply to other parcels within the same zone;
3. Granting the zoning variance is essential to the enjoyment of a substantial property right possessed by other property owners in the same zone;
4. The zoning variance will not substantially affect the General Plan and will not be contrary to the public interest; and
5. The spirit of this chapter is observed and substantial justice done.
D. Unreasonable Hardship: In determining whether enforcement of this chapter would cause unreasonable hardship, the Board of Adjustment must find that:
1. The alleged hardship is located on or associated with the parcel for which the zoning variance is sought; and
2. The alleged hardship comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood; and
3. The alleged hardship is not self-imposed or purely economic in nature.
E. Special Circumstances: In determining whether or not there are special circumstances attached to the parcel, the Board of Adjustment must find that:
1. The circumstances relate to the hardship complained of; and
2. The circumstances deprive the property of privileges granted to other properties in the same zone.
F. Conditions: In approving a zoning variance, the Board of Adjustment may impose additional requirements on the applicant that will:
1. Mitigate any harmful effects of the zoning variance; or
2. Serve the purpose of the standard or requirement that is waived or modified.
G. Run With The Land: Zoning variances shall run with the land.
H. Review Procedure:
1. The Community Development Director shall review the application for a zoning variance and make preliminary findings as to whether the application complies with the standards for approving a zoning variance established in this chapter.
2. If applicable, the Community Development Director may secure input regarding the proposed request from any affected agencies and service providers. Upon receiving such information, the Community Development Director shall prepare a report and make proposed findings and recommendations and shall schedule a public hearing before the Board of Adjustment.
3. The Board of Adjustment shall review the application and staff report. After conducting a public hearing, the Board of Adjustment shall take final action on the application for a zoning variance. (Ord. 868, 6-14-2017)