(A)
A person requesting a zoning variance must submit a variance application to the Planning and Development Director or his/her designee. Applications shall include the following:
(1) Site plan drawn to an appropriate scale and illustrating property lines, existing or proposed structures, parking areas and other built upon areas, surface water drainage (if applicable), and indicates north point.
(2) Lists name and address of person who prepared the plan.
(3) Lists the date of the plan and date of revisions (if applicable).
(4) A complete and detailed description of the proposed variance.
(5) Any other pertinent information which the applicant feels would be helpful.
(6) For purposes of notification to abutting property owners, the following is required for a variance application:
(a) Location of property;
(b) General description of the request;
(c) Time and date of meeting;
(d) Location of meeting;
(e)
Notification to be sent to adjoining property owners if applicable and to all other local governments having jurisdiction abutting the property; this notice shall be sent by the Zoning Administrator by first class mail.
(B) Variances.
(1) The applicant has the burden of proving unnecessary hardship. The proof must be compelling and reasons for granting the variance must be substantial. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, personal preferences, or the disapproval of one's neighbors also do not qualify. The hardship that the applicant must prove must be measured against the community's need for strictly enforced regulations that protect its citizens from dangers and damages from development and the long-term risk to owners and occupants of the building.
(2) Variances may be issued for the repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
(3) A written report addressing each of the above factors shall be submitted with the application for a variance. Upon consideration of the factors listed above and the purposes of this chapter, the appeal board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter. Conditions for variances include:
(a) Variances may not be issued when the variance will make the structure in violation of other federal, state, or local laws, regulations, or ordinances.
(b) Variances shall only be issued upon a determination that the variance is the minimum necessary to afford relief.
(c) Variances shall only be issued upon:
1. A showing of good and sufficient cause;
2. A determination that failure to grant the variance would result in exceptional hardship; and
3. A determination that the granting of a variance will not result in additional threats to public safety, extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
(d) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the requirement and what the variance specifies. Such notification shall be maintained with a record of all variance actions.
(e)
The Zoning Administrator shall maintain the records of all appeal actions.
(Ord. 39, passed 10-3-2011; Am. Ord. 5-3-2021)