A. Purpose: The purpose of this section is to establish procedures for modification from the bulk and placement requirements of this title.
B. Applicability:
1. The provisions of this section shall apply to requests to vary from the requirements of this title with respect to lot size, coverage, width, and depth; front, side, and rear setbacks; parking spaces; building height; and all other provisions of this title affecting the size and shape of a structure or the placement upon properties.
2. A variance does not relieve an applicant from any of the procedural provisions of this title, nor does it allow establishment of a use that is not otherwise permitted in the applicable zoning district.
C. Process: A variance shall be allowed only upon the approval of an application by the commission, subject to the requirements of this chapter, a showing of undue hardship because of unique physical characteristics of the site, and that the variance is not in conflict with the public interest.
D. General Provisions:
1. Conditions Of Approval: Upon the granting of a variance, the commission may impose any conditions it considers necessary to assure:
a. The variance will not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and the applicable zoning district in which the subject property is located; and
b. Secure substantially the purpose of city regulations and give effect to the comprehensive plan.
2. Conforming Variance: Any structure, building, fence, sign or use built, erected, reconstructed, used, maintained, established, existing or occupied under an approved variance as herein provided shall be deemed in conformity with the provisions of this title to the extent it complies with the provisions of said variance.
3. Precedent Not Created: Approval of a variance shall not be considered as establishing a binding precedent to grant other variance requests.
4. Extension Of Time: Upon request for an extension of time as set forth in section 9-5A-8 of this chapter, the commission shall hold a public hearing and give notice in the same manner as notice of an original hearing for an application for a variance.
E. Required Findings: A variance shall be granted by the commission only if the applicant demonstrates all of the following:
1. The subject property is deprived, by provision of this title, of rights and privileges enjoyed legally by other properties in the vicinity and under the applicable zoning district because of the unique size, shape, topography or location of the subject property (a finding of undue hardship);
2. The need for the variance is not the result of actions of the applicant or property owner;
3. The variance will not unreasonably diminish either the health, safety or welfare of the community neighborhood;
4. The variance is the only reasonable alternative to overcome the undue hardship; and
5. The variance is the minimum relief necessary to allow reasonable use of the subject property. (Ord. 382, 10-25-2006)
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