(B)   The City Council shall not grant a variance unless it shall, in each case, make specific written findings based upon the particular evidence presented to it that supports the following conclusions:

      (1)   The variance requested arises from a condition which is unique to the property in question and which is not ordinarily found in the same zoning district, and is not created by an action or actions of the property owner or the applicant;

      (2)   The strict application of the provisions of this chapter, from which a variance is requested will constitute unnecessary hardship upon the property owner represented in the application;

      (3)   The variance requested will not adversely affect the adjacent properties or public health, safety, order, convenience or general welfare of the community;

      (4)   The variance granted does not allow for the establishment of a defined use identified within other underlying zoning districts;

      (5)   Granting the variance desired will not violate the general spirit and intent of this chapter.

   (C)   Except as specifically provided otherwise elsewhere in this chapter, a minor variance maybe administratively granted by the Zoning Administrator subject to the following conclusions:

      (1)   The minor variance requested arises from a condition which is unique to the property in question and which is not ordinarily found in the same zoning district, and is not created by an action or actions of the property owner or the applicant. An exception to the action of the property owner provision shall apply to the minimum dwelling unit requirements;

      (2)   The strict application of the provisions of this chapter, from which a minor variance is requested will constitute unnecessary hardship upon the property owner represented in the application;

      (3)   The minor variance requested will not adversely affect the adjacent properties or public health, safety, order, convenience or general welfare of the community;

      (4)   Granting the minor variance desired will not violate the general spirit and intent of this chapter.

(1960 Code, § 60-12-14) (Ord. 6338, passed 10-1-2001; Ord. 9056-2022, passed 5-16-2022; Ord. 9313-2024, passed 9-3-2024)

   (A)   Every application for a variance shall be filed with the Administrator on a prescribed form. The Administrator shall promptly transmit said application, together with any advice he or she might wish to offer, to the Board of Appeals.

   (B)   The application shall contain sufficient information to allow the Board to make an informed decision and shall include, at a minimum, the following:

      (1)   Name and address of the applicant;

      (2)   Brief description of the variance requested;

      (3)   Location of the structure use for which the variance is sought;

      (4)   Relationship of said structure/use to existing structures/uses on adjacent lots;

      (5)   Specific section(s) of this chapter containing the regulations which, if strictly applied, would cause a serious problem; and

      (6)   Any other pertinent information that the Administrator may require.

(1960 Code, § 60-12-15)

   (A)   The Board of Appeals shall hold a public hearing on each variance request within a reasonable time after the variance application is submitted to it. At the hearing, any interested party may appear and testify, either in person or by duly-authorized agent or attorney.

   (B)   Notice indicating the time, date and place of the hearing and the nature of the proposed variance shall be given not more than 30, nor less than 15, days before the hearing:

      (1)   By registered mail to the applicant and to all parties whose property abuts the property on which the proposed variance is located;

      (2)   By publication in a newspaper published within the city; and

      (3)   By placement of a temporary sign on the subject property and the property owner shall grant authorization for said placement.

(1960 Code, § 60-12-16) (Ord. 7537, passed 10-3-2011)

   (A)   Within a reasonable time after the public hearing, the Zoning Board of Appeals shall submit its advisory report to the Council. The report shall state the Board of Appeals’ recommendations regarding the proposed variance.

   (B)   The Board of Appeals shall not recommend any variance unless, based upon the evidence presented to it, it determine that:

      (1)   The proposed variance is consistent with the general purposes of this chapter (see § 162.001 of this chapter);

      (2)   Strict application of the district requirements would result in great practical difficulties or hardship to the applicant, and prevent a reasonable return on the property;

      (3)   The proposed variance is the minimum deviation from such requirements that will alleviate the difficulties/hardship, and allow a reasonable return on the property;

      (4)   The plight of the applicant is due to peculiar circumstances not of his or her own making;

      (5)   The peculiar circumstances engendering the variance request are not applicable to other property within the district and, therefore, that a variance would be a more appropriate remedy than an amendment (rezoning); and

      (6)   The variance, if granted, will not alter the essential character of the area where the premises in question are located, nor materially frustrate implementation of the city’s Comprehensive Plan.

(1960 Code, § 60-12-17)

   The Council shall act on every proposed variance at its next regularly scheduled meeting following submission of the Board of Appeals’ advisory report. Without further public hearing, the Council may approve or disapprove any proposed variance by simple majority vote of all the members then holding office.

(1960 Code, § 60-12-18)

   (A)   Withdrawal of application. A petitioner may withdraw an application at any time prior to a final decision being rendered by the City Council. Such withdrawal shall not prohibit petitioner from being able to refile such application, but any such refiling shall be treated as an entirely new filing and shall be subject to all applicable procedures and fees within the city code in the same manner as any other new application.

   (B)   Repeated application. Where an application for a variance has been filed by or on behalf of the owner or owners of the property affected, no subsequent application requesting substantially the same relief, as determined by the city, shall be filed as to the same property within a period of six months following final action by the City Council subject to all applicable fees.

(1960 Code, § 60-12-19) (Ord. 7215, passed 1-5-2009)