1111.1702 Application Filing.

   Applications for zoning variances must be submitted to the Division of Building Inspection.

(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21.)

1111.1703 Public Hearing Notice.

   Mailed notice of the Board of Zoning Appeals hearing must be provided in accordance with Section 1111.0300.

(Ord. 170-04. Passed 3-23-04.)

1111.1704 Board of Zoning Appeals' Hearing and Decision.

   A.   The Board of Zoning Appeals must hold at least one public hearing on the proposed variance.

   B.   Following the hearing, at the same or subsequent meeting, the Board of Zoning Appeals must take action to approve, approve with conditions, or deny the proposed variance.

(Ord. 170-04. Passed 3-23-04.)

1111.1705 Approval Criteria.

   Zoning variances shall only be approved when the Board of Zoning Appeals finds substantial evidence in the official record to support at least five of the following findings:

   A.   Unnecessary hardships or practical difficulties apply to the subject land, buildings or uses which are not generally applicable to other land, buildings, structures, or uses in the same zoning district;

   B.   The undue hardship or practical difficulties are not the result of the actions of the property owner or applicant, their agent, employee, or contractor;

   C.   Granting the requested variance will not result in advantages or special privileges to the applicant or property owner that the Zoning Code denies to other land, structures, or uses in the same district, and that the variance is the minimum variance necessary to provide relief;

   D.   The variance, if allowed, will not substantially interfere with or injure the rights of others whose property would be affected by allowance of the variance;

   E.   The variance is not inconsistent with the stated purpose and intent of this Zoning Code (See Section 1101.0400);

   F.   Granting this request will not change or alter the overall image and character of the neighborhood, or introduce new materials or colors that are incompatible with the neighborhood; and

   G.   The variance is not an after-the-fact approval of an intentional violation.

(Ord. 170-04. Passed 3-23-04; Ord. 437-24. Passed 9-11-24.)

1111.1706 Express Limitation of Authority.

   A.   Issues that are under the express jurisdiction of the Plan Commission or applicable Historic District Commission shall not be subject to a variance. When the procedures of the Zoning Code expressly state that decisions of the Planning Director are to be appealed to other review and decision-making bodies, those decisions shall not be subject to a variance.

   B.   The variance does not overrule any decisions of the Plan Commission, applicable Historic District Commission, or City Council on matters over which the Plan Commission or City Council has final decision-making authority under this Zoning Code.

(Ord. 170-04. Passed 3-23-04.)

1111.1707 Findings of Fact.

   All decisions on zoning variances must be supported by an affirmative finding of fact on each of the approval criteria of Section 1111.1705. Findings must be supported by sworn testimony and substantial evidence in the record of proceedings.

(Ord. 170-04. Passed 3-23-04.)

1111.1708 Notice of Decision.

   Within 10 days after a final zoning variance decision is made by the Board of Zoning Appeals, copies of the written decision must be sent to the applicant and filed with the Division of Building Inspection, where it will be available for public inspection during regular office hours.

(Ord. 170-04. Passed 3-23-04; Ord. 510-21. Passed 9-28-21.)