§ 190-190. Variances.

A. 

When, because of special circumstances applicable to the subject property, including size, shape, topography, location or circumstances, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other property in the vicinity and under identical zone classifications, and when any variance granted does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and under identical zone classifications, and the zone in which such property is situated, the Board of Appeals shall have authority, as an administrative act, to grant such variance. The Board of Appeals may impose such conditions relating to the use, construction, structural changes in equipment or alteration of buildings or structures, or the use of land, as it may determine to be necessary in order to safeguard and protect the public health, safety and general welfare, to determine that substantial justice is done, and to ensure the development thus permitted to be completed in accordance with such plans as have been approved. No application for a variance shall be accepted, nor submitted to the Board, that does not comply with these regulations.

B. 

A variance shall not be construed as an amendment to this chapter nor cause the map which is part of this chapter to be changed. No variance shall be used as a procedure to change or alter the use of land, buildings or structures to a use not permitted within the class of zones for which an application for a variance is made. No variance shall be granted to permit a use in a zone which use is not permitted in such class of zones by this chapter, unless there is an economic hardship and as long as there is no essential change in the character of the neighborhood.

C. 

(Reserved)

Editor's Note: Former Subsection C, which dealt with referrals to the Corporation Counsel, was repealed 2-3-1988.

D. 

For consideration of an appeal for a variance, the following procedure is established:

(1) 

The applicant shall set forth in detail, on forms provided by the Board of Appeals, the reasons for the requested variance, shall show thereon how all the conditions set forth in this section are satisfied and give all other information requested by the Board of Appeals.

(2) 

The Board of Appeals, before it may grant a request for a variance, shall make a finding of fact, by resolution, that the evidence presented shows that all of the following conditions exist:

(a) 

That because of special circumstances, practical difficulties or unnecessary hardship applicable particularly to subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.

(b) 

That such conditions have been imposed upon the issuance of the variance as will ensure that the variance thereby authorized does not constitute a grant of special privilege inconsistent with the provisions of this chapter.

(c) 

That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property and improvements in the zone and vicinity in which the property is located.

(d) 

That the granting of such variance will not be contrary to the objectives of this chapter nor to any Master Plan of the City.

E. 

Every variance issued after the approval of this chapter shall terminate and become void unless:

(1) 

The applicant shall, within 30 days from the issuance of such variance, file with the City Clerk his written acceptance or agreement to the terms and conditions, if any, imposed by such variance.

(2) 

The use authorized by such variance shall be commenced, or construction necessary and incident thereto shall be begun, on or before the time limit specified in such variance, and thereafter diligently advanced; or if no time limit is specified, on or before six months after the date that such variance was approved. The Board of Appeals may, for good cause shown, either before or after the expiration or such time limit, extend the time limit, in which case the variance shall be revived for the time specified.

F. 

Any variance may be revoked or modified by the Board of Appeals, after a public hearing, on any one or more of the following grounds:

(1) 

That the approval of the variance was obtained by fraud.

(2) 

That the variance is not being exercised within the time limit specified in such variance, or any extension thereof.

(3) 

That the variance granted is being or recently has been exercised contrary to the terms of conditions of such approval or in violation of any statute, ordinance, law or regulation.

(4) 

That the variance has been so exercised as to be detrimental to the public health or safety or so to constitute a public nuisance.

G. 

The Building Inspector, or his duly authorized assistant, shall act as consultant to the Board of Appeals, particularly with regard to building codes and multiple-residence laws. He shall attend all hearings and executive sessions of the Board.

H. 

Any valid variance, issued prior to the effective date of this chapter, shall remain in full force and effect in accordance with the terms thereof; provided, however, that such variance is subject to modification or revocation for any of the reasons set forth in Subsection E above.

I. 

All requirements stated in approval of a variance shall be enforced by the Building Inspector.

Amended 2-3-1988