(A) Power to authorize. The Commission may authorize in specific cases such variance from the terms of this title as will not be contrary to the public interest where, owing to special conditions a literal enforcement of the provisions of this title would result in unnecessary hardship. No nonconforming of neighboring lands, structure, or buildings in the same district and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for issuance of a variance.
(B) Hardship. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this title would result in unnecessary hardship.
(C) Required information. A variance from the terms of this title shall not be granted by the Commission unless and until a written application for a variance is submitted to the Administrator and the Commission containing:
(1) Name, address and phone number of applicants.
(2) Legal description of property.
(3) Description of nature of variance requested.
(D) A narrative statement demonstrating that the requested variance conforms to the following standards:
(1) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved which are not applicable to other lands, structures or buildings in the same district.
(2) That a literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title.
(3) That special conditions and circumstances do not result from the actions of the applicant.
(4) That granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures or buildings in the same district.
(E) Action by commission.
(1) Upon receipt of the application for an appeal or a variance, the Commission shall hold a public hearing, publish notice in the local newspaper and give written notice to all affected persons within 300 feet of the subject property.
(2) The applicant shall be responsible for reimbursement to the City for all out-of-pocket costs resulting from the application and may require a deposit at the time of filing of the application in an amount established by resolution.
(3) Within sixty (60) days after the public hearing, the Commission shall either approve, conditionally approve, or disapprove the request for appeal or variance. Upon granting or denying an application, the Commission shall make specific findings of fact based directly on the particular evidence presented to it which support conclusions to approve or deny the application, the standards used in evaluating the application, and the action, if any, that could be taken by the applicant to obtain approval.
(Ord. 2022-06, passed 10-12-2022)