§ 154-03.04  Variances and Appeals.
   (A)   Purpose.  The purpose of the variance procedure is to allow for a variation from the strict application of the development standards or dimension requirements of the zoning code where practical difficulties unnecessary hardship, or a result inconsistent with the general purposes of the zoning code would occur from its strict, and literal interpretation, and enforcement. The Zoning Board of Adjustment shall also be authorized to hear and decide appeals from the decision of the Zoning Administrator and from the Minor Variance Committee.
('80 Code, App. A, § 211)  (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)
   (B)   Applications.  A written application shall be submitted to the Planning and Neighborhood Service Division as follows:
      (1)   On the form provided by the Zoning Administrator and signed by the property owner;
      (2)   Shall specify the variance(s) or minor variance(s) requested or specify the grounds of the appeal;
      (3)   Shall be accompanied by a nonrefundable filing fee in accordance with the fee schedule adopted by the City Ordinance No. 1943, and successors;
      (4)   Shall include reasons for granting the application or for granting the appeal; and
      (5)   Shall include plans and other pertinent information.
('80 Code, App. A, § 211)  (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)
   (C)   Public hearing.
      (1)   A public hearing to consider the requested variance or the appeal shall be held by the Board.
      (2)   Notice of the time and place of the hearing shall be given as outlined in § 154-03.02(B) or (C).
   (D)   Zoning Board of Adjustment action.
      (1)   Following the aforesaid hearing, the Board shall grant a variance(s) only when findings of fact are made that all of the following conditions exist:
         (a)   There is a special circumstance(s) or condition(s), applying to the property or building referred to in the application and which do(es) not apply to most other properties in the district;
         (b)   That such special circumstance(s) was not created, or caused, by the property owner or applicant;
         (c)   The granting of the variance(s) is necessary for the preservation of substantial property rights enjoyed by other property owners in the vicinity under identical zoning designations; and
         (d)   The granting of the variance shall not be materially detrimental to any person(s) residing, or working, in the vicinity, to adjacent property, to the neighborhood or to the public health, safety and general welfare.
('80 Code, App. A, § 211)  (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995; Ord. O2008-55, passed 12-3-2008)
      (2)   Following the aforesaid hearing, the Board shall take action to either continue consideration, deny or grant an appeal from the decision of the Zoning Administrator and/or from the Minor Variance Committee.
   (E)   Stay of proceedings.  An appeal stays all proceedings unless the Zoning Administrator certifies that a stay would cause imminent peril to life or to property. Upon such certification, proceedings shall not be stayed, except by restraining order granted by a court of record upon notice to the Zoning Administrator.
('80 Code, App. A, § 211)  (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)
   (F)   Expiration and time extensions.
      (1)   Expiration.  In any case where a variance(s) has not been used within one year after the granting thereof, it shall be null and void.
      (2)   Time extensions.  The Zoning Board of Adjustment, however, shall hold a public hearing to consider the granting of a time extension of no more than one additional year as follows:
         (a)   Upon request by the applicant;
         (b)   When the request is filed with the Planning and Neighborhood Services Division prior to the expiration date of the original variance(s) approval;
         (c)   When accompanied by a time extension fee in accordance with City Ordinance No. 1943, and successors; and
         (d)   Upon determination by the Board that there have been no changes in the circumstances, or the vicinity of the property, or use, which would render the previously approved variance(s) inappropriate.
('80 Code, App. A, § 211)  (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)
   (G)   Revocation or modification of variances.
      (1)   Revocation.  The Zoning Board of Adjustment, shall be authorized to hold a public hearing to consider the revocation, or modification, of a variance(s) previously granted in accordance with the provisions of the zoning code. A written notice of the date, time, place and purpose of the hearing shall be served on the owner of the property for which the variance was granted by registered mail, return receipt requested, not less than seven days prior to the date of such hearing. Additional notice shall be provided as specified in § 154-03.02(B).
      (2)   Findings.  A variance(s) may be revoked, or modified, if, from the facts presented at the public hearing, or by investigation, the Zoning Board of Adjustment makes an affirmative determination on any one or more of the following findings:
         (a)   The variance(s) approval was obtained by fraud;
         (b)   The variance(s) granted is being exercised contrary to the conditions of approval of such variance(s), or in violation of any applicable law, license, ordinance, permit or regulation; and/or
         (c)   The use for which the variance(s) approval was granted is being, or has been, exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance.
      (3)   Appeal of revocation.  Each decision by the Zoning Board of Adjustment to revoke variance(s) shall be by a majority of the membership of the Board present and voting. Any person may appeal the revocation in writing to the Planning and Neighborhood Services Division, including any required appeal fee, within 30 days of the decision of the Board of Zoning Adjustment. The appeal shall be forwarded to the City Council. The City Council may, after a public hearing, affirm, reverse or modify the decision of the Zoning Board of Adjustment.
('80 Code, App. A, § 211)  (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)
   (H)   Minor variances.  The purpose of the minor variance procedure is to allow for a maximum 20% variation from a development standard or dimension requirement of the zoning code where a practical difficulty, unnecessary hardship, or a result inconsistent with the general purposes of the zoning code would occur from its strict, and literal interpretation, and enforcement.
      (1)   Open meeting.  Notwithstanding the procedures set forth in divisions (D)(1)(a) through (D)(1)(c) above for consideration of a variance application, the Minor Variance Committee may, at an open meeting, approve a minor variance(s) upon the making of the findings required in divisions (D)(1)(a) through (d) above, when the conditions outlined in § 154-02.06(B)(2) are satisfied.
      (2)   Zoning Administrator.  Notwithstanding the procedures set forth in divisions (D)(1)(a) through (D)(1)(c) above for consideration of a variance application, the Zoning Administrator may approve a deviation in development standards and/or dimensional criteria upon the making of the findings required in divisions (D)(1)(a) through (D)(1)(d) above, when the conditions outlined in § 154-02.03(B)(7) are satisfied.
      (3)   Appeal.  In the event the Minor Variance Committee approves, denies or approves with conditions an application for a minor variance(s) filed pursuant to these regulations, any person may appeal that decision in writing to the Planning and Neighborhood Services Division, including any required appeal fee, within 30 days of the decision of the Minor Variance Committee, and request that the minor variance be placed on the agenda of the next available, regularly scheduled Zoning Board of Adjustment meeting. Such applications shall be acted on by the Zoning Board of Adjustment as specified in division (D) above.
('80 Code, App. A, § 211)  (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995; Ord. O2006-39, passed 6-21-2006; Ord. O2010-32, passed 7-7-2010)