§ 45-3203. Procedure for review and approval of variances.

(a)

An application for a variance may be made by any property owner, tenant, government official, department, board or bureau and shall be filed with the zoning administrator. Applications shall not be processed unless the applicant provides satisfactory evidence that any delinquent real estate taxes owed to the city which have been properly assessed against the subject property have been paid.

(b)

Such application shall completely disclose the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the names of stockholders, officers and directors and in any case the names and addresses of all of the real parties of interest. However, the requirement of listing names of stockholders, officers and directors shall not apply to a corporation whose stock is traded on a national or local stock exchange and having more than five hundred (500) shareholders. In the case of a condominium, the requirement shall apply only to the title owner, contract purchaser, or lessee if they own ten (10) percent or more of the units in the condominium.

(c)

The board shall conduct a hearing on said application subsequent to the notice requirements contained in subsection 45-3202(e).

(d)

"Variance" means, in the application of this chapter, a reasonable deviation from those provisions regulating the shape, size, or area of a lot or parcel of land; or the size, height, area, bulk, or location of a building or structure when the strict application of the ordinance would unreasonably restrict the utilization of the property, and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the purpose of the ordinance. It shall not include a change in use, which change shall be accomplished by a rezoning or by a conditional zoning.

(1)

The board shall not authorize a variance unless it finds:

a.

That the strict application of this ordinance would unreasonably restrict utilization of the property or the granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance or alleviate a hardship by granting a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability, and the property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance.

b.

That the authorization of such variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area.

c.

That the condition or situation of the property concerned is not so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to this chapter.

d.

That the granting of the variance does not result in a use that is not otherwise permitted on such property or a change in the zoning classification of the property.

e.

That the relief or remedy sought by the variance application is not available through a special exception process or through modification of a zoning ordinance, both of which are authorized in this chapter.

(e)

Any variance granted to provide a reasonable modification to a property or improvements thereon requested by, or on behalf of, a person with a disability may expire when the person benefitted by it is no longer in need of the modification to such property or improvements provided by the variance, subject to the provisions of state and federal fair housing laws, or the Americans with Disabilities Act of 1990 (42 U.S.C. §12131 et seq.) as applicable.

(f)

In authorizing a variance, the board may impose such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the public interest, and may require a guarantee or bond to insure that the conditions imposed are being and will continue to be complied with. Notwithstanding any other provision of law, the property upon which a property owner has been granted a variance shall be treated as conforming for all purposes under state law and local ordinances. The use or the structure permitted by the variance may not be expanded, unless the expansion is within an area of the site or part of the structure for which no variance is required. Where expansion is proposed within an area of the site or part of the structure for which a variance is required, the expansion may not occur unless an additional variance is obtained.

(Ord. No. 5028-97, § 1; Ord. No. 5867-02; Ord. No. 5873-02; Ord. No. 6276-06, § 1; Ord. No. 6541-08, § 1; Ord. No. 6619-09; Ord. No. 7193-15; Ord. No. 7315-16; Ord. No. 7476-18, § 1)

(Ord. No. 5028-97, § 1; Ord. No. 5867-02; Ord. No. 5873-02; Ord. No. 6276-06, § 1; Ord. No. 6541-08, § 1; Ord. No. 6619-09; Ord. No. 7193-15; Ord. No. 7315-16; Ord. No. 7476-18, § 1)