(A) Purpose. To hear requests for variances from the literal provisions of the chapter in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that the actions will be in keeping with the spirit and intent of the ordinance maintaining public safety and welfare.
(B) Procedure. An application for a variance shall be filed in writing with the Planning Administrator or designee on forms provided and shall pay a filing fee, as established from time to time by City Council. As part of the application, the applicant must state his or her practical difficulty and provide a building or site plan showing the details of the variance needed. An application may be rejected by the Planning Administrator or designee if required information is not provided and a written notice explaining the reason for rejection is given to the applicant within 15 days from submission of the incomplete application.
(C) Notice. Notice of the time and place of a public hearing shall be mailed to all parties owning real property within 350 feet of the subject property however, failure of any property owner to receive the notification shall not invalidate the proceedings. The mailing shall be made at least ten days prior to the date of hearing. The Planning Administrator or designee shall set the date for a public hearing and shall have the hearing notice published at least once in the legal newspaper, not less than ten days prior to the hearing. The Board shall, thereafter, reach its decision within 60 days from the filing of the application unless a written notice stating the reasons for an extension is sent to the applicant with an anticipated length of extension specifically stated, which may not exceed an additional 60 days (120 total) unless approved by the applicant in writing.
(D) Standards and criteria for variance. The Board of Adjustment will consider varying the regulations of this chapter of city code if a “practical difficulty” is shown to exist for the property in question. The Board of Adjustment may impose such conditions and restrictions upon the premises benefitted by a variance as may be necessary to comply with the standards established in this chapter of city code. The variance will not permit standards lower than those required by any state law. The Board will not issue a variance unless it shall make findings based upon the evidence presented to it in each specific case that all of the following are met.
(1) The term PRACTICAL DIFFICULTY means that:
(a) The property owner purposed to use the property in a reasonable manner that is not otherwise permitted;
(b) The plight of the property owner is due to circumstances unique to the property, not created by the property owner; and
(c) The variance, if granted will not alter the essential character of the locality.
(2) In its consideration of a variance request, the Board of Adjustment shall consider the following questions:
(a) The property in question cannot be put to a reasonable use if used under conditions allowed by the official controls because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a practical difficulty to the owner as distinguished from mere inconvenience;
(b) The conditions upon which a petition for a variance is based are unique to the property or extraordinary circumstances apply for which the variance is sought, were not created by the land owner, and are not applicable, generally, to other property within the same zoning classification;
(c) Economic considerations alone shall not constitute a practical difficulty if reasonable use for the property exists under the terms of the ordinance;
(d) The granting of the variance will not alter the essential character of the locality and will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located;
(e) The variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood;
(f) Whether the variance request is the minimum variance which would alleviate the practical difficulties; and
(g) No order of the Board of Adjustment granting a variance shall be valid for a period longer than six months from the date of the order unless the building permit is obtained within the period and the erection or alteration of a building is started or within the period.
(E) Authorized variances. Variances may be granted only to allow a reduction in the performance standards within each zoning district or to vary regulations other than use in § 162.071 of this chapter. The Board of Adjustment may not permit a variance for any use that is not allowed in the zoning district of an effected property.
(Prior Code, § 305.04) (Ord. passed 12-18-2007; Ord. passed 7-2-2018)