Individuals seeking a City Variance and County Variance from the strict interpretation of the Zoning Regulations, may appeal to the City or County Board of Adjustment. The applicant must demonstrate that approval of the variance will not be contrary to the public interest and that the literal enforcement of the provisions of the chapter would result in unnecessary hardship.
Variances that ask for a use not permitted in the zoning district cannot be granted. Typical variances requested include smaller setbacks than required, greater building height, or greater lot coverage than normally allowed.
Variances Reviewed under: ORD. NO. 97-5048, § 13, 12-22-97
(d) City board of adjustment action. The city board of adjustment, before it grants a variance shall determine:
(1) That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district;
(2) That a literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other tracts in the same district;
(3) That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other land in the same district;
(4) That the granting of the variance will be in harmony with the general purpose and intent of this chapter and with the comprehensive plan;
(5) In granting any variance, the board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this chapter;
(6) The board shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both. Failure to begin or complete such action within the time limit set shall void the variance; and
(7) Under no circumstances shall the board grant a variance to allow a use not permissible under the terms of this chapter in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other property in the district.