a. 
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following shall apply to Variances.
b. 
Purpose.
The purpose of a Variance is to provide limited relief from the requirements of this UDC in cases where the strict application of a particular requirement will create an unnecessary hardship by preventing the use and development of land in a reasonable manner that is otherwise allowed under this UDC.
c. 
Prohibitions and exceptions.
Some requests for relief are not within the jurisdiction of the Zoning Board of Adjustment (ZBA), and are, therefore, either prohibited or not subject to this Section. These requests are:
1. 
Use and sign type variances. Variances are prohibited that would allow a use or a sign type in a zoning district in which the use or sign type is prohibited.
2. 
Variances to other laws or regulations. Variances to state or federal laws or to regulations outside of this UDC are prohibited.
3. 
Conditions of approval. An applicant may only seek modifications to conditions of approval on a new application submittal and such modifications are not subject to this Section.
4. 
Parking credits and reductions. Adjustments to the number of parking spaces required are not subject to this Section and may only be authorized in accordance with Section 39.03.009, Parking Ratios and Design.
5. 
Subdivision standards. Relief from the requirements of Article 39.04, Subdivision Standards, is not subject to this Section and may only be authorized in accordance with Section 39.07.044, Waiver of Improvements, and Section 39.07.045, Delay of Improvements.
d. 
Specific decision criteria.
1. 
Review and decision. In determining whether to approve, approve with conditions, or deny a Variance, the applicable review bodies shall consider the applicable common decision criteria in Section 39.07.006, Common Decision Criteria, and the following:
A. 
The granting of the Variance is not based on a hardship that is self-imposed.
B. 
Granting the Variance will not confer on the applicant any special privilege that is denied to other lands or structures in the same district.
C. 
A literal interpretation of the provisions of this UDC would deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located.
D. 
The Variance requested is the minimum necessary that will make possible a permitted use of the land, building, or structure.
E. 
The hardship is based on circumstances that are unique to the property for which the Variance is sought and not circumstances common to other properties.
F. 
The hardship is not based solely on the cost of complying with the regulation but is based on the particular physical surroundings, shape, or topographical conditions of the subject property.
2. 
Sign variances. In addition to the criteria in Subsection 1, above, the following shall apply to Variances to the sign standards in Section 39.03.023, Permanent Signs, through Section 39.03.024, Temporary, Incidental, and Miscellaneous Signs:
A. 
The proposal would not modify a dimensional requirement (sign number, area, width, height, setback, spacing, or projection) by more than 25 percent;
B. 
The proposal would not alter the essential character of the area in which the sign is located; and
C. 
The proposal would not authorize a type of sign that is not otherwise permitted by this UDC.
3. 
Affirmative findings. In order to approve a Variance, the final decision-making body established in Table 39.07.012-1, Development Review Summary, shall make affirmative findings on all of the applicable decision criteria.
(Ordinance 2023-O0054 adopted 5/9/2023)
a. 
Generally.
In addition to the applicable required procedures in Division 7.1, Purpose, Applicability, and Common Review Procedures, the following shall apply to Appeals of Administrative Decisions.
b. 
Purpose.
The purpose of an Appeal of Administrative Decision is to provide a vehicle for appeal of any final decision of the Director of Planning, Building Official, City Engineer, or Floodplain Administrator on any applications set out in Division 7.2, Administrative Review Procedures.
c. 
Notice of appeal.
Within 20 days after the date of a final written administrative decision, an appeal may be submitted to the Director of Planning, in writing, by any person aggrieved by the decision or by any official or department of the City affected by the decision. In the notice, the appellant shall set out all grounds for the appeal.
d. 
Transmission of records.
The staff person whose decision is under appeal shall transmit to the ZBA all of the documents constituting the record of the appealed action.
e. 
Effect of appeal.
The filing of an Appeal of Administrative Decision stays all proceedings in furtherance of the final decision appealed, unless the administrative official from whom the appeal is taken certifies in writing to the ZBA that, by reason of facts stated, a stay would, in their opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed except by a restraining order that may be granted by a court of competent jurisdiction.
f. 
Specific decision criteria.
In determining whether to affirm or reverse, in whole or in part, or modify the appealed decision, the applicable review bodies shall consider, and the ZBA shall make findings on the following:
1. 
Record and evidence. The administrative decision was appropriate considering the written record of the case and the evidence presented.
2. 
UDC requirements. The decision reflects the requirements contained in this UDC.
g. 
Effect of decision.
In exercising its authority under this Section, the ZBA shall have the final decision-making powers of the administrative official from whom the appeal is taken.
(Ordinance 2023-O0054 adopted 5/9/2023)