(A) An application for a variance shall be submitted on an official city form obtained from the Planning Director or his or her designee.
(B) When unnecessary hardships would result from carrying out the strict letter of a zoning ordinance, the Board of Adjustment shall vary any of the provisions of the ordinance upon a showing of all of the following:
(1) Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property.
(2) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance.
(3) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.
(4) The requested variance is consistent with the spirit, purpose, and intent of the ordinance, such that public safety is secured, and substantial justice is achieved.
(C) No change in permitted uses may be authorized by variance. Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance. Any other ordinance that regulates land use or development may provide for variances consistent with the provisions of this division (C), if a variance is granted, the Board of Adjustment shall through conditions placed on the variance protect the general public’s interest and neighboring property owners.
(D) Variances may be granted for a specific period or indefinitely.
(E) The nature of any variance granted, any conditions imposed, and the time period shall become a part by reference to any related zoning permit or building ordinance.
(2009 Code, § 155.236) (Ord. passed 10-27-1992; Ord. 2014-2-25-25, passed 2-25-2014; Ord. 2021-Z-19, passed 6-22-2021)