A variance may be sought by filing a written application and payment of applicable fee to the City Clerk specifying the specific provision to be varied, the extent of the variation, and the basis therefor and including such requirements as are set forth in the Zoning Code. The Hearing Officer may grant a variance only if it is in harmony with the general purpose and intent of the Zoning Code and in accordance with general or specific rules adopted hereto and only in cases where there are practical difficulties or particular hardship in the way of carrying out the strict letter of any regulation of the Zoning Code relating to the use, construction, alteration of buildings, or structures or the use of land, but in no other case. No variance may be granted to any condition of approval placed on a special use permit or prior zoning action. The Hearing Officer may impose such conditions, safeguards and restrictions upon the premises, benefitted by the variance as may be necessary to reduce or minimize any potentially injurious effect of such variance upon other property in the neighborhood, and to carry out the general purpose and intent of these regulations. A request for a variance, other than a use variance, may be granted upon a finding and determination on the record of the Hearing Officer that the requirements of this section are met and that all of the following conditions are satisfied or upon such conditions as may the Hearing Officer establishes as will meet such conditions:
(A) The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zone;
(B) The plight of the applicant is due to peculiar circumstances;
(C) The peculiar circumstances engendering the variance request are not applicable to other property within the district, and therefore, that a variance would be a more appropriate remedy than an amendment;
(D) The variance, if granted, will not alter the essential character of the area where the premises in question are located, nor materially frustrate implementation of this municipality's Growth Management Plan; and
(E) The variance, if granted, will not be detrimental to the public health, safety, and welfare.
(Ord. 2021-08, passed 6-7-2021)