(A) The Board may authorize a variance where the exceptional narrowness, shallowness or unusual shape of a specific piece of property on the effective date of this title, or by reason of exceptional topographic conditions, or other extraordinary situation or condition of such piece of property, or of the use or development of property immediately adjoining the piece in question, the literal enforcement of the requirements of this title would involve unnecessary hardship and not mere inconvenience.
(B) (1) Application for any variance permissible under this title shall be made to the Board of Zoning Appeals and Adjustment, in the form of a written application for a development permit. All applications shall be accompanied by a list of the names and addresses of the owners of the lands abutting directly on the property described in the application.
(2) Application for any variance permissible under this title shall be made to the Board of Zoning Appeals and Adjustment, in the form of a written application for a development permit. All applications shall be accompanied by a list of the names and addresses of the owners of the lands within 350 feet of the property described in the application.
(3) After a public hearing has been held, the Board of Zoning Appeals and Adjustment shall thereupon make its decision upon the application.
(4) In deciding on any adjustment or variance under the provisions of this section, the Board shall designate such conditions in connection therewith as will, in its opinion, secure the requirements of division (C) below of this section. The Board shall put its decision in writing stating pertinent facts and findings, and shall specifically and fully set forth any adjustment or variance granted, and conditions designated.
(5) Any party may appeal the Board's decision upon a variance by filing a notice of appeal with the City Council within seven calendar days of the Board's decision. The Council by a 4/5 vote may alter, revise, or rescind the Board's decision. No permit shall be issued until the time for appeal has expired. When an appeal is filed with the Council, the written decision of the Board shall be transmitted to the Council.
(6) If the development proposed to be done pursuant to an approved variance has not begun within 12 months of the date of approval of the variance application or if the work lies idle for a period of 12 months or more or if the work has not been substantially completed within 18 months of the date of approval of the variance application, said variance shall be revoked by the Board and written notice thereof shall be given to the person affected. Said notice shall state the basis for the revocation and shall state that further development as proposed in the variance application shall not proceed unless a new variance is granted following re-application or unless the Zoning Board shall grant an extension. Application for an extension must be made within ten days of the date of the notice. The Board may grant an extension for up to six months as to any of the bases for revocation. The Board may grant only one extension to the owner or his or her successor in interest of property to which the variance was granted. This division (6) shall be applicable to any variance granted after the effective date of this division.
(C) No variance from the terms of this title shall be authorized unless all of the following facts and conditions exist:
(1) That there are exceptional or extraordinary circumstances or conditions applying to the property in question or to the intended use of the property, that do not apply generally to other properties or classes of uses in the same zoning district.
(2) That the alleged difficulty or hardship has not resulted from the actions of the applicant.
(3) That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity.
(4) That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this title or the public interest.
(5) No variance shall be authorized unless the Board specifically finds that the condition, situation, or intended use of the subject property, is not so general or recurrent in nature as to make reasonably practicable the formulation of a general regulation to cover such cases.
(D) The Board may adopt specific rules and regulations from time to time and place them on public record in the office of the City Clerk. Section 155.218(D) and (E) shall also apply to request for variances.
('69 Code, § 7-28.04) (Am. Ord. 926. passed 11-13-01; Am. Ord. 964, passed 5-10-04)