(A) Variance requests shall be made by any property owner who desires to obtain a variance from the zoning regulations.
(B) A variance petition stating the section of the zoning regulations that the request is being made for, a drawing prepared to scale showing the variance requested, and statement as to why the variance request is being made shall be filed with the City Clerk 30 days before the Board of Zoning public hearing.
(C) A fee of $75 shall accompany the variance request.
(D) The Board of Zoning Adjustment shall hold a public hearing on the appeal. Notice of the appeal shall be published in a newspaper of general circulation in the city at least seven days prior to the hearing.
(E) The Board of Zoning Adjustment shall hear requests for variances from the stated provisions of the zoning regulations in only where strict compliance with the provisions of the regulations would cause undue hardship due to the circumstance unique to the individual’s property under consideration.
(F) The Board of Zoning Adjustment may grant variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the zoning regulations.
(G) The Board of Zoning Adjustment may impose conditions on the granting of the variance to insure compliance and protection to other adjacent property.
(H) Appeals of variance decision of the Board of Zoning Adjustment shall be to a court of record within 30 days from the decision of the Board of Zoning Adjustment in accordance with Act 186 of 1957 General Assembly as amended, being A.C. §§ 14-56-401 through 14-56-425.
(Ord. 26, passed 10-24-67; Am. Ord. 316, passed 12-17-01)