[R.O. 2004 § 420.400; Ord. No. 2.56 § 4, 1-9-2001]
A. When an applicant feels that the strict
application of the requirements of the zoning regulations would create
an undue hardship, he/she may request a variance from the Board of
Zoning Adjustment. The Board of Zoning Adjustment must base its decision,
to as great a degree as possible, on factual evidence and not the
personal opinion of the applicant, neighbors or others. The request
for a variance should be based on a conflict between the restrictions
on the development of the property due to the zoning regulations and
the restrictions on the development of the property due to its physical
characteristics. A variance should be issued only to the specific
restrictions on physical construction and not to the list of permissible
land uses within a given zone.
B. In order to request a variance from the
Board of Zoning Adjustment:
1.
The applicant shall first meet with
the Zoning Administrator and all applicable City staff members and
City consultants to receive a complete explanation of the zoning requirement
in question, the variance procedure and an application form.
2.
The applicant shall submit a completed
application form and pay the appropriate application fee and deposit.
As a part of the application, a sketch map shall be submitted showing
the lot dimensions proposed and existing structures and uses on the
property for which the variance is being requested and on immediately
adjacent properties.
The deposit shall be used to cover
expenses incurred by the City in the processing and review of the
application. If the City's processing and review costs exceed the
amount of the initial deposit, the applicant shall be required to
pay the additional amount. An application shall not be processed unless
it has been fully completed, the application fee and deposit paid
and all required information submitted.
3.
Upon submittal of a completed application
form and attachments and payment of the appropriate application fee
and deposit, the Zoning Administrator shall schedule a regular meeting
of the Board of Zoning Adjustment. Fifteen (15) days prior to the
Board of Zoning Adjustment meeting, an official notice to the public
shall be published in a newspaper of general circulation in the City
explaining the variance request and the time and place of the scheduled
hearing.
In addition, a copy of the public
hearing notice shall be mailed by the applicant, return receipt requested,
to each party of interest, owners of all property located within one
hundred eighty-five (185) feet of the boundaries of the property included
in the application and to each Planning and Zoning Commission member
at least fifteen (15) days prior to the date of the public hearing.
The applicant shall submit the post office receipts and returned notices
to the Zoning Administrator at least two (2) working days prior to
the public hearing.
4.
At the scheduled meeting, the Board
of Zoning Adjustment shall hear all facts and testimony from all parties
wishing to be heard concerning the requested variance. In each case,
the Board of Zoning Adjustment shall not grant a variance unless it
finds, based on the evidence presented, facts which conclusively support
all of the following findings:
a.
Uniqueness. The variance requested
arises from conditions which are unique to the property in question,
which are not ordinarily found in the same zoning district and which
are not caused by actions of the property owners or applicant. Such
conditions include the peculiar physical surroundings, shape or topographical
condition of the specific property involved which would result in
a practical difficulty or unnecessary hardship for the applicant,
as distinguished from a mere inconvenience, if the requested variance
was not granted.
b.
Adjacent Property. The granting of
the variance will not be materially detrimental or adversely affect
the rights of adjacent property owners or residents.
c.
Hardship. The strict application
of the provisions of the zoning regulations from which a variance
is requested will constitute an unnecessary hardship upon the applicant.
Although the desire to increase the profitability of the property
may be an indication of hardship, it shall not be a sufficient reason
by itself to justify the variance.
d.
Public Interest. The variance desired
will not adversely affect the public health, safety, morals, order,
convenience or general welfare of the community. The proposed variance
shall not impair an adequate supply of light or air to adjacent property,
substantially increase the congestion in the public streets, increase
the danger of fire, endanger the public safety or substantially diminish
or impair property values within the neighborhood.
e.
Spirit And Intent. Granting the requested
variance will not be opposed to the general spirit and intent of the
zoning regulations.
f.
Minimum Variance. The variance requested
is the minimum variance that will make possible the reasonable use
of the land or structure.
5.
Minutes of the public meeting, including
evidence presented during the proceedings and the findings of the
Board of Zoning Adjustment, shall be kept. The Board of Zoning Adjustment
may either grant, grant conditionally or deny the application for
a variance. The written determination of the Board of Zoning Adjustment
shall be sent to all affected parties, including the Planning and
Zoning Commission.