[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.