(A)

The Planning and Zoning Board or Zoning Administrator shall hear and consider requests for variances from the provisions of this chapter.

(1)

The Zoning Administrator has the authority to hear and decide the following administrative variances:

(2)

Variances of less than thirty-six (36) inches (three (3) feet) to height and front, rear and side yard setbacks for existing structures. Such an administrative variance does not permit reconstruction of a destroyed structure.

(3)

Variances of less than thirty-six (36) inches (three (3) feet) to front, rear and side yard setbacks for existing accessory structures. Such an administrative variance does not permit reconstruction of a destroyed accessory structure.

a.

Variances of six (6) inches or less to height restrictions and front, rear and side yard setbacks for existing main or accessory structures shall be approved at the discretion of the Zoning Administrator without formal application and shall not be subject to public notification requirements.

(4)

The Planning and Zoning Board is authorized to hear and decide all other variances; including any referred to it pursuant to subsection 158.298(D).

(B)

Duties of the Zoning Administrator and Planning and Zoning Board in authorizing a variance. The Planning and Zoning Board and Zoning Administrator may authorize the variance from the provisions of this chapter as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions will result in unnecessary and undue hardship. In order to authorize any variance from the terms of this chapter, the Planning and Zoning Board or Zoning Administrator should consider:

(1)

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district.

(2)

That the special conditions and circumstances do not result from any action of the applicant.

(3)

That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings, or structures, in the same zoning district.

(4)

That literal interpretation of the provisions of the chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the chapter and would work unnecessary and undue hardship on the applicant.

(5)

That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure.

(6)

That the granting of the variance will be in harmony with the general intent and purpose of the chapter and that the variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(7)

That there will be full compliance with any additional conditions and safeguards which the Planning and Zoning Board or Zoning Administrator may prescribe, including but not limited to reasonable time limits within which the action for which variance is required shall be begun or completed, or both.

(Ord. No. 98-84, § 1, 3-22-99; Ord. No. 00-104, § 1, 11-27-00; Ord. No. 05-100, § 1, 7-25-05; Ord. No. 15-85, § 1, 12-7-15)

(A)

A variance is authorized only for height, area, and size of structure, yard size, building setback, lot size requirements, and other applicable development regulations, excluding use.

(B)

In its consideration of a request for variance, the Planning and Zoning Board or the Zoning Administrator shall not utilize the existence of nonconforming use of neighboring lands, structures, or buildings in the same or adjacent zoning districts as grounds for the granting of a request for variance, nor shall the Planning and Zoning Board or the Zoning Administrator utilize any permitted use of lands, structures, or buildings within the same or adjacent zoning districts as a basis for approval.

(C)

No variance or approval of use shall be granted so as to permit a use not specified as a permitted use or permissible as a special exception use within this chapter for the particular zoning district involved.

(Ord. No. 98-84, § 1, 3-22-99)

(A)

Application Limitations.

(1)

No application for a variance shall be accepted for filing if all or any portion of the land which is the subject of the application was part of a previous application meeting any of the following conditions:

a.

An application denied by the Planning and Zoning Board or by the Zoning Administrator for the same variance within the previous 12-month period, where the applicable circumstances relating to the variance have not changed;

b.

An application allowed to be withdrawn by the Planning and Zoning Board or by the Zoning Administrator within the previous 12-month period and relating to the same variance, where the applicable circumstances relating to the variance have not changed.

c.

An application denied by the Board of Zoning Appeals, Planning and Zoning Board, or by the Zoning Administrator for the same variance within the previous 12-month period, where the applicable circumstances relating to the variance have not changed, if a condition was imposed to comply by a scheduled date that is greater than 12 months. No application shall be accepted until the compliance period has concluded.

(2)

The time limits set forth above may be waived by the Planning and Zoning Board or by the Zoning Administrator when the action is necessary to prevent injustice or to facilitate the proper development of the city.

(B)

Application Requirements. Application for all variances shall be filed with the Zoning Administrator upon a standard form as may be provided therefor and shall include all necessary information and drawings as may be required to clearly describe the nature and extent of the variance sought. The applicant shall be required to pay any fee as may be established to defray processing costs relative to the review and hearing of the application.

(Ord. No. 98-84, § 1, 3-22-99; Ord. No. 22-12, § 2, 2-28-22)

(A)

Hearing Required. Before making its decision on a request for variance, the Planning and Zoning Board shall hold a public hearing thereon.

(B)

Notification Requirements. The following notification procedures shall be utilized with respect to appeals, and requests for variances:

(1)

Requests for variances filed in proper form shall be numbered serially, docketed, and placed upon the agenda of the Planning and Zoning Board. Having thus been established, the agenda of the Planning and Zoning Board shall be posted as soon as practical upon a public notice board normally utilized for such notice within the offices of the City.

(2)

Notice of public hearings shall be published at least seven (7) days prior to the hearings, in a newspaper of general circulation in the City. The notice shall include the dates, times, places, and locations of hearing, and shall contain a description of the relief or action sought and the subject property.

(3)

In addition to the required notices heretofore set forth, other methods of notification may be utilized by the Planning and Zoning Board at its option. These methods may include, but not be limited to, mail notification to owners of property within a maximum of 750 feet to property forming the subject of the public hearing, whose address is known by reference to the latest ad valorem tax record. The notice shall set a time and place for the public hearing. The notice shall be given at least ten (10) days prior to the date set for the public hearing and a copy of the notice shall be kept available for public inspection during regular business hours. Notice may be posted upon the property which is the subject of the public hearing. The Zoning Administrator is authorized to post any notice upon property, and it shall be unlawful for any person to remove or tamper with that notice during the time period as may be established for the maintenance of the notice.

(C)

Conduct of Hearings. Any interested person shall have the right to submit oral or written testimony at the hearings. All testimony and exhibits submitted at the hearing, including the request for variance, shall be incorporated into the application file and shall be considered a part of the record on the application. Evidence which is immaterial, irrelevant, or unduly repetitious may be excluded. The hearings may be adjourned from time to time to dates established by public announcement at those hearings and shall be the earliest practical date for resumption of the hearings.

(D)

Notification. Before making his/her decision on a request for an administrative variance, the Zoning Administrator shall notify adjacent property owners within 750 feet of the site in question. If a written objection is received from adjacent property owners within thirty (30) days of the notice, then the variance shall be heard and decided by the Planning and Zoning Board. In addition, the Zoning Administrator, at his/her discretion, may forward any variance request to the Planning and Zoning Board for final action.

(Ord. No. 98-84, § 1, 3-22-99; Ord. No. 15-85, § 1, 12-7-15)

A decision by the Planning and Zoning Board with respect to a request for a variance shall be rendered within sixty (60) days following the close of the public hearing thereon. A vote of approval by five (5) members of the established Planning and Zoning Board is required to grant a variance from this chapter. All decisions of the Planning and Zoning Board shall be made in open session and the action embodying the decision approving, denying, or dismissing any application shall not be valid unless it is incorporated into the minutes of the meeting at which the action is taken. A decision of the Zoning Administrator with respect to an administrative variance shall be rendered within thirty (30) days following expiration of the time period which adjacent property owners had to object. A record of all actions taken by the Planning and Zoning Board and by the Zoning Administrator shall be maintained within the office of the Zoning Administrator.

(Ord. No. 98-84, § 1, 3-22-99)

It shall be unlawful for an appellant or petitioner to proceed with any action which has been disapproved or denied by the Planning and Zoning Board or by the Zoning Administrator and it shall be equally unlawful for an appellant or petitioner to proceed with any action contrary to that specifically approved by the Planning and Zoning Board or by the Zoning Administrator, including any conditions and safeguards which the Planning and Zoning Board or the Zoning Administrator may have imposed.

(Ord. No. 98-84, § 1, 3-22-99)

An application for the reconsideration or rehearing of a petition may be made in the same manner as provided for an original consideration or hearing. However, no appeal or petition requesting the same relief or approval for the same property shall be accepted by the Planning and Zoning Board or by the Zoning Administrator for reconsideration or rehearing for a period of twelve (12) months following the date of any action taken by the Planning and Zoning Board or by the Zoning Administrator in the matter if, from the record, it shall appear that there has been no substantial change in facts, evidence, or conditions.

(Ord. No. 98-84, § 1, 3-22-99)

A decision of the Planning and Zoning Board or the Zoning Administrator to deny or approve a request for a variance may be appealed by an affected party with standing to the Board of Zoning Appeals within fifteen (15) days of the date of the Planning and Zoning Board's or the Zoning Administrator's decision; provided, that written notice of the appeal shall be filed with the City clerk within that period of time. Decisions by the Board of Zoning Appeals, or unappealed decisions by the Planning and Zoning Board or Zoning Administrator, shall be considered final.

(Ord. No. 98-84, § 1, 3-22-99)