§ 1-3-3 Variances.
A. Applications for a variance from the terms of this Ordinance will be processed and reviewed in accordance with the procedures generally described herein and more particularly described in the Administrative Process Manual and in this Ordinance, which procedures shall comply with the posting requirements, publication requirements as required by law. Applications for a variance shall be filed with the Zoning Administrator upon form(s) provided by the Development Services Department. Applications for a variance shall be signed by the property owner(s) or an authorized agent of the property owner(s) and all applicable fees shall be paid when the application is submitted. Applications for a Variance shall include all of the information and supporting documentation identified in the application, in this Ordinance and in the Administrative Process Manual. The application shall be accompanied by:
1. Plans and description sufficient to indicate the nature of the proposed development and specific terms of this Ordinance from relief is sought; and,
2. Sufficient documentation and other evidence that will allow the Board to find all of the requirements necessary for the granting a Variance, as set forth below, have been met; and,
3. Evidence satisfactory to the Board of the applicant’s ability and intention to proceed with actual construction within six (6) months of the issuance of a variance; and,
4. Any other data that may be required by the Zoning Administrator necessary for review of the application.
B. REQUIREMENTS. A Variance shall not make any changes in the Use and/or densities permitted in any zoning district. A variance from terms of this Ordinance shall not be granted unless the Board finds, upon sufficient evidence, all of the following:
1. existence of special circumstances or conditions applicable to the property, including its size, shape, topography, location or surroundings; and,
2. that such special circumstances were not created by the property owner or former owner of the property or any agent thereof; and,
3. the strict application of this Ordinance will deprive such property of privileges enjoyed by other property of the same classification in the same zoning district; and,
4. the variance will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, to the neighborhood or to the public welfare in general; and,
5. the variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located.
C. APPROVAL. The Board shall hold a public hearing for which due and proper notice has been provided in accordance with Section 1-3-9 and all interested persons shall be given the opportunity to be heard. The concurring vote of a simple majority of the Board shall be necessary to grant a variance. Any variance granted may be subject to such conditions deemed applicable by the Board. Variances shall be void if the subject property does not conform to all conditions, requirements, and standards prescribed by the Board as a condition for approval of the variance.
D. TIME LIMITATIONS. A variance shall expire twelve (12) months from the date the variance was granted unless either a building permit for the development for which the variance was granted has been obtained and construction commenced or an extension has been obtained prior to the expiration date. The Board may grant an single twelve (12) month extension if the applicant demonstrates that circumstances beyond the owner’s control prevented the owner from obtaining a building permit and/or commencing construction within twelve (12) months of the date the variance was granted and that there have been no changes in the City codes or ordinances (including changes in this Ordinance and the Engineering Standards) that would have affected any of the Board’s findings when it granted the variance as set forth above. (Am. Ord. 22-1551, passed 8-29-22)