Title 18 - Unified Development Ordinance

 

18.140 Applications and Procedures

18.140.350 Consideration of Variances

  1. A.
    The Board of Zoning Appeals may grant a variance from the specific terms of this ordinance which would not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship for the applicant, and provided that the spirit of this ordinance shall be observed, the public safety and welfare secured and substantial justice done of the applicant. Provided, however, that the Board shall not have jurisdiction to grant a variance for property zoned under a Planned Zoning District.
  2. B.
    An application for a variance may only be granted upon a finding by the Board that all of the following conditions have been met:
    1. 1.
      That the variance requested arises from a condition which is unique to the property in question, is not ordinarily found in the same zoning district, and is not created by an action or actions of the landowner or the applicant.
    2. 2.
      That the granting of the variance will not adversely affect the rights of adjacent landowners or residents.
    3. 3.
      That the strict application of the provisions of this ordinance would constitute unnecessary hardship upon the landowner represented in the application.
    4. 4.
      That the variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare.
    5. 5.
      That granting the variance will not be opposed to the general spirit and intent of this ordinance.
  3. C.
    Variances shall only be considered after a public hearing has been held, following publication notice and notice to surrounding property owners as provided by Sections 18.140.070 and 18.140.080, respectively. A copy of the publication notice shall also be mailed to the applicant and to the Planning Commission. Proof of mailing shall be filed under oath by the applicant with the Secretary of the Board of Zoning Appeals prior to the hearing.

(History: Ord. ZRR-3164 §3, 2017; ZRR-2856 §2, 2010; ZRR-2343 §31, 2002; ZRR-1725; ZRR-1637)

Effective on: 1/1/1901