§ 109-39. Variances.

(a)

Authorized. The board of zoning appeals is authorized to, upon application, consider and approve, conditionally approve, or deny variances to the provisions of this chapter. When an application for variance is filed pursuant to this section, it shall require advertisement of notice and public hearing as specified in sections 113-50, 113-52, and article II of the zoning chapter.

(b)

Staff findings and recommendations. For each variance application filed pursuant to this article, the administrative officer and director of utilities shall prepare a report of findings and recommendations to be considered by the planning commission and board of zoning appeals prior to action on the application.

(c)

Criteria for granting variances. No variance authorized under this article shall be approved until or unless findings have been made by the administrative officer or the board of zoning appeals, whichever has jurisdiction, that all of the following conditions exist. The absence of any one of the conditions shall be grounds for denial of the application for variance.

(1)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other similarly situated land;

(2)

A literal interpretation of the provisions of this article would create an unnecessary hardship and would deprive the applicant of rights commonly enjoyed by other property owners with similarly situated land;

(3)

Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other similarly situated properties;

(4)

Relief, if granted, will be in harmony with the purpose and intent of these regulations and other city ordinances regulating development practices and will not be injurious to the neighborhood or general welfare in such a manner as will interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value;

(5)

The special circumstances are not the result of the actions of the applicant; and

(6)

The variance requested is the minimum variance that will make possible the legal development of the land.

(Ord. of 5-17-2005(02), § 10(1001)—(1003))