§ 13.401. VARIANCES FROM DEVELOPMENT STANDARDS

A.

Generally. The Zoning Board of Adjustment shall approve or deny variances from the zoning related development standards (such as height, bulk or area) of these regulations, but not from any subdivision related standards which are considered by the Planning Commission as alternative standards of compliance as provided in Article 6, Subdivision Design and Land Development.

B.

Approval Standards. The Board of Adjustment may grant a variance under this Section only if the variance is not prohibited by Section 12.401.C, and if the Zoning Board of Adjustment makes a determination in writing that all of the following are demonstrated:

1.

The request for the variance is rooted in special conditions of the applicant's property that do not generally exist on other properties in the same zoning district.

2.

Due to said special conditions, the enforcement of the strict terms of these regulations would impose an unnecessary hardship on the applicant.

3.

The variance is not contrary to the public interest, in that:

a.

It does not allow applicants to impair the application of these regulations for:

i.

Self-imposed hardships;

ii.

Hardships based solely on financial considerations, convenience, or inconvenience; or

iii.

Conditions that are alleged to be "special" but that are actually common to many properties within the same zoning district.

b.

The variance will not have a detrimental impact upon:

i.

The current or future use of adjacent properties for purposes for which they are zoned;

ii.

Public infrastructure or services; and

iii.

Public health, safety, morals, and general welfare of the community.

4.

The degree of variance allowed from these regulations is the least that is necessary to grant relief from the identified unnecessary hardship.

5.

The variance shall not be used to circumvent other procedures and standards of these regulations that could be used for the same or comparable effect ( e.g. , if alternative development patterns, alternative development standards, or other flexible measures in these regulations are available that would avoid or mitigate hardship without using a variance, then they must be used).

6.

By granting the variance, the spirit of these regulations is observed and substantial justice is done.

7.

Should the Zoning Board of Adjustment approve a variance application that does not meet the approval standards established in this Section, the Planning Department shall notify the City Council within three days from the date the variance is approved.

( Ord. No. 18-037, § 2, 6-21-18 )