The purpose of this section is to provide flexibility to development standards in recognition of the complexity and wide variation of site development opportunities and constraints. The variance procedures are intended to provide flexibility while ensuring that the purpose of each development standard is met. Variances, as identified below, require a Type II or III procedure because they involve discretionary decision making.

(Ord. 225, passed 10-20-1994, § 22.1)

   (A)   The following Class A variances are reviewed using a Type II procedure as governed by § 154.378 using the approval criteria in division (B) below.

      (1)   Front yard setbacks. Up to a 10% change to the front yard setback standard in the land use district.

      (2)   Interior setbacks. Up to a 10% reduction of the dimensional standards for the side and rear yard setbacks required in the base land use district.

      (3)   Lot coverage. Up to 10% increase of the maximum lot coverage required in the base zone.

      (4)   Landscape area. Up to 10% reduction in landscape area (overall area or interior parking lot landscape area).

   (B)   Class A variance approval criteria. A Class A variance shall be granted if the applicant demonstrates compliance with all of the following criteria:

      (1)   The variance requested is required due to the lot configuration or other conditions of the site;

      (2)   The variance does not result in the removal of trees, or it is proposed in order to preserve trees, if trees are present in the development area; and

      (3)   The variance will not result in violation(s) of design standards.

(Ord. 225, passed 10-20-1994, § 22.2)

   (A)   Class B variances.

      (1)   Generally. Due to their discretionary nature, the following types of variances shall be reviewed using a Type III procedure in accordance with § 154.379.

      (2)   Variance to vehicular access and circulation standards. Where vehicular access and circulation cannot be reasonably designed to conform to code standards within a particular parcel, shared access with an adjoining property shall be considered. If shared access in conjunction with another parcel is not feasible, the city may grant a variance to the access requirements after finding the following:

         (a)   There is not adequate physical space for shared access or the owners of abutting properties do not agree to execute a joint access easement;

         (b)   There are no other alternative access points on the street in question or from another street;

         (c)   The access separation requirements cannot be met;

         (d)   The request is the minimum adjustment required to provide adequate access;

         (e)   The approved access or access approved with conditions will result in a safe access;

         (f)   The visual clearance requirements of Chapter 95 of this code will be met; and

         (g)   Variance to parking standards:

            1.   The city may approve variances to the minimum for off-street parking enumerated in §§ 154.330 through 154.337 upon finding the following:

               a.   The individual characteristics of the use at that location require more or less parking than is generally required for a use of this type and intensity;

               b.   The need for additional parking cannot reasonably be met through provision of on street parking or shared parking with adjacent or nearby uses; and

               c.   All other parking design and building orientation standards are met.

            2.   The city may approve a reduction of required bicycle parking pursuant to Chapter 95 of this code, if the applicant can demonstrate that the proposed use by its nature would be reasonably anticipated to generate a lesser need for bicycle parking.

            3.   The city may allow a reduction in the amount of vehicle stacking area required for drive through facilities if such a reduction is deemed appropriate after analysis of the size and location of the development, limited services available and other pertinent factors.

   (B)   Variance to transportation improvement requirements. The city may approve, approve with conditions or deny a variance to the transportation improvement standards of Chapter 95 of this code based on the criteria for granting Class B variances. When a variance request cannot be supported by the provisions of that section, then the request shall be reviewed as a Class C variance.

(Ord. 225, passed 10-20-1994, § 22.3)

   The purpose of this section is to provide standards for variances which exceed the Class A and Class B variance criteria in §§ 154.416 and 154.417. Class C variances may be granted if the applicant shows that, owing to the special and unusual circumstances related to the property, the literal application of the standards of the applicable land use district would create a hardship to development which is peculiar to the lot size and shape, topography, sensitive lands or other similar circumstances related to the property over which the applicant has no control and which are not applicable to other properties in the vicinity; except that, no variances to permitted uses shall be granted.

(Ord. 225, passed 10-20-1994, § 22.4)

   (A)   The variance standards are intended to apply to individual recorded lots.

   (B)   An applicant who proposed to vary a specific standard for lots yet to be created through subdivision process may not utilize the Class C variance procedures.

   (C)   A variance shall not be approved which would vary the permitted uses of a land use district.

   (D)   (1)   Class C variances shall be processed using Type III procedures as governed by § 154.379 using the approval criteria in division (D)(2) below. In addition to the application requirements contained in § 154.379, the applicant shall provide a written narrative or letter describing the reasoning for the variance, why it is required, alternatives considered, and compliance with the criteria in § 154.379.

      (2)   The city shall approve, approve with conditions or deny the application for a variance based on a finding that all of the following criteria are satisfied.

         (a)   The proposed variance will not be materially detrimental to the purposes of this chapter, to any other applicable policies and standards and to other properties in the same land use district or vicinity.

         (b)   A hardship to development exists which is peculiar to the lot size or shape, topography, sensitive lands or similar circumstances related to the property over which the applicant has no control and which are not applicable to other properties in the vicinity.

         (c)   The use proposed will be same as permitted under the applicable zoning district and city standards will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land.

         (d)   Existing physical and natural systems, such as, but not limited to, traffic, drainage, natural resources and parks will not be adversely affected by any more than would occur if the development occurred as specified by city standards.

         (e)   The hardship is not self imposed.

         (f)   The variance requested is the minimum variance, which would alleviate the hardship

(Ord. 225, passed 10-20-1994, § 22.5)

   The variance application shall conform to the requirement for Type II applications. In addition, the applicant shall provide a narrative or letter explaining the reason for the request, alternatives considered and why the subject standard cannot be met without the variance. Appeals to the variance decisions shall be processed in accordance with the provisions of §§ 154.455 through 154.462.

(Ord. 225, passed 10-20-1994, § 22.6)