Where unnecessary hardship inconsistent with the purpose and intent of this chapter may result from the strict application of the provisions of this chapter, variances may be granted as provided in this subchapter. However, no variance may be granted to permit a land use in any district where the land use is prohibited by the provisions of this chapter.

(1973 Code, § 9-4.1401) (Ord. 558, eff. - -)

Applications for variances shall be made in writing on a form prescribed by the Commission and shall be accompanied by a fee of $25, no part of which shall be returnable to the applicant, and by a statement, plans and other evidence showing:

1. The granting of the variance will not be inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated; and
2. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the provisions of this chapter is found to deprive the subject property of privileges enjoyed by other properties in the vicinity in the same district.

(1973 Code, § 9-4.1402) (Ord. 558, eff. - -)

A public hearing shall be held within 30 days after the filing of an application for a variance from the provisions of this chapter.

(1973 Code, § 9-4.1403) (Ord. 558, eff. - -)

1. After the conclusion of the public hearing provided for in § 159.422, the Commission shall make its decision in writing, which decision shall include findings of fact as to whether the provisions of § 159.421 apply to the land, building or use for which the variance is sought.
2. The Commission may designate the conditions in connection with the variance as the Commission deems necessary to secure the purpose of this chapter and may require the bonds and guarantees as the Commission deems appropriate.

(1973 Code, § 9-4.1404) (Ord. 558, eff. - -)

Any person not satisfied with the action of the Commission may appeal the action to the Council pursuant to Chapter 162 of this Municipal Code.

(1973 Code, § 9-4.1405) (Ord. 558, eff. --; Am. Ord. 827, eff. 10-8-1986; Am. Ord. 09-02, eff. 4-8-2009)

Where a variance has not been used within 6 months after the date of the granting thereof, then, without further action by the Commission or Council, the variance granted shall be, and is hereby declared to be, null and void.

(1973 Code, § 9-4.1406) (Ord. 558, eff. - -)

No building permit shall be issued otherwise than in accordance with the conditions and terms of the variance granted, and no building permit shall be issued until 10 days after the granting of the variance by the Commission or by the Council in the event of an appeal.

(1973 Code, § 9-4.1407) (Ord. 558, eff. - -)