§ 35-482. Zoning Variances.

(a)

Applicability. A request to the board of adjustment for permission to vary or depart from a requirement of article III or article V, sections 35-506(d)(5) and 35-506(r)(6) (to include Table 506-7), 35-510, 35-514, 35-515, 35-516, 35-517, 35-525, 35-526, and 35-527 of this chapter where, due to special conditions, a literal enforcement of the requirement will result in an unnecessary hardship. Due to inherent inconsistencies in measurements of property lines and heights from unlevel surfaces, an allowance of up to six (6) inches may be permitted by the development services director subject to a request for an administrative exception on a single-lot basis from any required setback or maximum height limit established by this chapter without requiring a zoning variance from the board of adjustment. This zoning allowance shall not supersede any requirements of the building code, fire code or any other applicable code.

This section shall apply to any application for a variance from the terms of articles II, III or VI.

(b)

Initiation. An application for a zoning variance shall be filed with the director.

(c)

Completeness Review. The director of planning and development services shall review a zoning variance application for completeness within two (2) working days. The appellate agency for purposes of completeness review (see subsection 35-402(c) of this chapter) shall be the board of adjustment.

(d)

Decision. The director shall transmit the application to the board of adjustment.

(e)

Approval Criteria. No variance shall be granted unless:

1.

The variance is not contrary to the public interest.

2.

Due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship.

3.

By granting the variance, the spirit of the ordinance will be observed and substantial justice will be done.

4.

Such variance will not authorize the operation of a use other than those uses specifically authorized for the district in which the subject property is located.

5.

Such variance will not substantially injure the appropriate use of adjacent conforming property or alter the essential character of the district in which the property is located.

6.

The plight of the owner of the property for which the variance is sought is due to unique circumstances existing on the property, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to or the result of general conditions in the district in which the property is located.

(f)

Reserved.

(g)

Scope of Approval. Where a variance is granted by the board and no building is started pursuant to such variance within twelve (12) months after the date of the hearing thereon, the variance becomes null and void and of no force or effect. Due to construction or financing timelines, weather, or other extenuating circumstances, the board of adjustment may, upon application, grant up to two (2) twelve-month extensions of variance approval if the application for extension is filed within two (2) months of the expiration of the variance approval; however, in no case shall a granted variance be modified to an extent greater than which was already granted with an application for extension. Property that is not properly platted shall be subject to the condition that platting shall be accomplished prior to the variance taking effect.

(h)

Special Exceptions. The zoning board of adjustment must find that a request for a special exception meets each of the five (5) following conditions:

A.

The special exception will be in harmony with the spirit and purpose of the chapter.

B.

The public welfare and convenience will be substantially served.

C.

The neighboring property will not be substantially injured by such proposed use.

D.

The special exception will not alter the essential character of the district and location in which the property for which the special exception is sought.

E.

The special exception will not weaken the general purpose of the district or the regulations herein established for the specific district.

The above findings of the board shall be incorporated into the official minutes of the board meeting in which the special exception is authorized.

(i)

Special Exceptions for Short Term Rentals (Type 2) in Residential Districts. The zoning board of adjustment must find that a request for a special exception for a short term rental (type 2) in a residential district meets each of the six (6) following conditions:

A.

The special exception will not materially endanger the public health or safety.

B.

The special exception does not create a public nuisance.

C.

The neighboring property will not be substantially injured by such proposed use.

D.

Adequate utilities, access roads, storm drainage, recreation, open space, and other necessary facilities have been or are being provided.

E.

The applicant or owner for the special exception does not have any previously revoked short term rental licenses, confirmed citations, or adjudicated offenses convictions for violations of chapter 16, article XXII of the City Code within the one (1) year prior to the date of the application.

F.

The special exception will not alter the essential character of the district and location in which the property for which the special exception is sought.

(Ord. No. 95573 § 2, Amendment "B") (Ord No. 98697 § 4 and 6) (Ord. No. 101816, § 2, 12-15-05) (Ord. No. 2006-11-30-1333, § 2, 11-30-06) (Ord. No. 2009-01-15-0001, § 2, 1-15-09) (Ord. No. 2010-11-18-0985, § 2, 11-18-10)(Ord. No. 2012-10-18-0829, § 2, 10-18-12; Ord. No. 2015-12-17-1077 , § 2, 12-17-15; Ord. No. 2018-11-01-0858 , § 4, 11-1-18)