There shall be a presumption against variances. However, if the applicant requests a variance in writing, the board of adjustment may authorize a variance from these regulations when, in its opinion, undue hardship will result from strict compliance.
(Ordinance 377 adopted 9/11/19)
All variances requested for a project must be identified during the site plan approval process.
(Ordinance 377 adopted 9/11/19)
In granting a variance, the board of adjustment shall prescribe upon the applicant only conditions that it deems necessary to or desirable in the public interest.
(Ordinance 377 adopted 9/11/19)
In making the findings required below, the board of adjustment shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed development, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity.
(Ordinance 377 adopted 9/11/19)
No variance shall be granted unless the board of adjustment finds that all of the following provisions are met, and the burden shall be on the developer to show that the following provisions are met:
(1) 
That there are special circumstances or conditions affecting the land involved, such that the strict application of the provisions of this article would deprive the applicant of the reasonable use of this land;
(2) 
That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant;
(3) 
That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area; and
(4) 
That the granting of the variance will not have the effect of preventing the orderly development of other land in the area in accordance with the provisions of this article.
(Ordinance 377 adopted 9/11/19)
Pecuniary hardship to the applicant, property owner or developer, standing alone, shall not be deemed sufficient to constitute undue hardship.
(Ordinance 377 adopted 9/11/19)
When the board of adjustment determines that a variance is warranted, the variance permitted shall be the minimum departure from the terms of this article necessary to avoid such deprivation of privileges enjoyed by such other property to facilitate a reasonable use and which will not create significant probabilities of harmful environmental consequences.
(Ordinance 377 adopted 9/11/19)
It shall be an adequate basis for granting a variance that doing so will enable the applicant to create additional open space, reduce impervious cover, preserve trees, maintain critical environmental features, ensure more wildlife preservation, or bring nonconforming structures (including signs) into compliance with current regulations. This section is designed to achieve a more favorable outcome for the general public than would be possible complying with the strict mandates of this article.
(Ordinance 377 adopted 9/11/19)
The board of adjustment shall seek the recommendation of the ZAPCO, and the city engineer prior to taking any action on a proposed variance. Upon request of applicant, ZAPCO may allow one postponement of the variance request to the following regular meeting of ZAPCO, at which meeting ZAPCO must either make a recommendation or forward the variance request to the board of adjustment without a recommendation.
(Ordinance 377 adopted 9/11/19)
Such findings of the board of adjustment, together with the recommendation of the ZAPCO, and the specific facts upon which such findings are based, shall be incorporated into the official minutes of the board of adjustment meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this article so that the public health, safety, and welfare may be secured, and substantial justice is done.
(Ordinance 377 adopted 9/11/19)
If the variance application(s) are denied or withdrawn prior to approval, the applicant has ten (10)days to bring the property into compliance. If the deviation(s) are not corrected within the ten (10) days or timeframe agreed to, in writing, by the city administrator, immediate enforcement action described by section 2.02.041 of this code may be taken to bring the property into compliance. A resulting conviction in municipal court shall not relieve any person from fully complying with any other requirement of this chapter.
(Ordinance 2021-004, att. D, adopted 6/23/21)