In granting approval or conditional approval of an area variance, the Board of Zoning Appeals shall prepare written findings of fact that the majority of the conditions below apply to the application:
1. Special Circumstances Not Found Elsewhere. Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district. And these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide, in the form of an amendment to this Code, a general regulation to cover them.
2. Circumstances Relate to the Property Only. Since a variance will affect the character of its surroundings long after a property changes hands, the special circumstances referenced herein relate only to the physical character of the land or building( s) for which a variance is sought, such as dimensions, topography or soil conditions. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on, therein, nor to the personal, business or financial circumstances of such owner or tenant or any other party with interest in the property.
3. Unnecessary Hardship. For reasons fully set forth in the written findings, the literal application of the provisions of this Zoning Code would result in unnecessary and undue hardship or practical difficulties for the applicant, as distinguished from mere inconvenience.
4. Not Resulting from Applicant Action. The special circumstances, practical difficulties or hardship that are the basis for the variance have not resulted from any act, undertaken subsequent to the adoption of this Code or any applicable amendment thereto, of the applicant or of any other party with a present interest in the property, such as knowingly authorizing or proceeding with construction or development requiring any variance, permit or approval hereunder prior to obtaining such variance, permit or approval.
5. Preserves Rights Conferred by District. A variance is necessary for the applicant to enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district.
6. Necessary for Use of Property. The granting of a variance is necessary not because it shall increase the applicant's economic return, although it may have this effect, but because without a variance the applicant shall be deprived of reasonable use or enjoyment of, or reasonable economic return from, the property.
7. Not Alter Local Character. The granting of the variance shall not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity.
8. Consistent With Code and Plan. The granting of a variance shall be in harmony with the general purpose and intent of this Code and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption.
9. Minimum Variance Needed. The variance approved by the Board of Appeals or Planning and Zoning Administrator is the minimum required to provide the applicant with reasonable use and enjoyment of his property.
(Ord. 19-145. Passed 1-13-20.)