Where the Land Use Hearing Officer (LUHO) finds that an unreasonable hardship may result from strict compliance with the provisions of this Ordinance, the Board of Adjustment may approve variances to the requirements of this Ordinance so that substantial justice may be done and the public interest secured, provided that the variance will not have the effect of nullifying in any way the intent and purpose of this Ordinance. See BMC 15.05.

The LUHO will not approve a variance unless, based upon the evidence presented, it finds that all of the following provisions apply:

1. Literal enforcement of the City's Zoning District provisions of this Ordinance would cause an unreasonable hardship for the applicant not necessary to carry out the general purpose of theCity's Zoning District or this Ordinance. The LUHO will not render a finding of unreasonable hardship unless the applicant has demonstrated that the hardship is located on or associated with the property for which the variance is sought and is peculiar to the property rather than conditions general to the immediate area. No finding of unreasonable hardship will be made if the alleged hardship is self imposed or solely economic.
2. There are special circumstances attached to the property that do not generally apply to other properties in the same zoning district. No finding of special circumstances will be made unless they relate to the hardship complained of and deprive the property of privileges available to other properties in the same zoning district.
3. The variance is essential to the enjoyment of a substantial property right possessed by other property in the district.
4. The granting of the variance will not substantially affect the goals, objectives, policies or standards of the Ballard City General Plan and will not be contrary to the public interest.
5. The spirit of the requirements and provisions of this Ordinance will be observed and substantial justice done.

In approving any variance, the LUHO may require conditions as will, in its judgment, mitigate any negative effects of granting the variance and secure substantially the purposes of this Ordinance.

The granting of a variance will not authorize the establishment or extension of any use nor the development, construction, reconstruction, alteration or moving of any building or structure, but is a prerequisite to the preparation, filing, review and determination of any approval, permit or license that may be required by this Ordinance.

No variance will be valid for a period of longer than six (6) months unless a building permit is issued within that period and construction diligently pursued, unless an extension of time is granted by the Building Inspector. Variances run with the land.

The LUHO and any other body may not grant use variances. Only through an amendment to the land use ordinance or zoning map can use and supplementary regulation changes be considered.

A petition for a variance may be submitted in writing, on the approved application as provided by the City, by the property-owner. The application will state fully the grounds for the variance requested and all of the facts relied upon by the owner. The applicant will bear the burden of proving that all of the conditions justifying a variance have been met.