(B)
Variance criteria.
A variance may be granted only if the Board finds that:
(1)
The requested variance is not contrary to the public interest; and
(2)
The requested variance does not violate the intent of the Zoning Ordinance, as amended; and
(3)
The requested variance allows the spirit of the Zoning Ordinance to be observed and substantial justice done; and
(4)
The requested variance would not cause injury to or restrict development on any other parcel of land; and
(5)
The requested variance is not needed merely to promote economic gain or to prevent economic loss; and
(6)
A literal enforcement of the Zoning Ordinance would result in an unnecessary hardship. An unnecessary hardship only exists when a variance is needed to permit development of a specific parcel of land that differs from other parcels of land by being of such a restrictive area, shape, or slope that it cannot be developed in a manner commensurate with the development upon other parcels of land with the same zoning; and
(7)
The unnecessary hardship, if any, is neither self-created nor personal to the owner of the parcel of land.
(C)
Variance limitations.
(1)
Completed action required before a variance. An application or request for a variance shall not be heard or granted with regard to any parcel of property or portion thereof upon which a Preliminary Site Plan, Site Plan, Preliminary Plat or Final Plat, when required by the Zoning Ordinance or the Subdivision Ordinance for any parcel of property or portion thereof, has not been finally acted upon by both the Planning & Zoning Commission and, where required, by the City Council.
(2)
Exhausted all other options. The administrative procedures and requirements of the Zoning Ordinance, and any amendments thereto, with regard to both the Planning & Zoning Commission and City Council consideration and action, on Preliminary Site Plans, Site Plans, Preliminary Plats, and Final Plats, must be exhausted prior to requesting a variance.
(D)
Public hearing required.
(1)
The Board of Adjustment shall hold a public hearing for each variance applicant and shall provide the notice and public hearing required by this ordinance.
(2)
At the public hearing, the Board of Adjustment shall consider public comments, the Director's recommendation, and other applicable information and shall approve, approve with conditions, or deny the variance application.
(Ordinance 2021-07-47 adopted 7/6/21)