§ 122-370. Variances.

(a)

Application. An application for a variance to the provisions of this chapter shall be filed with the city planner's office by the record owner of the property in question or by a person authorized to act on the record owner's behalf. The application shall consist of a completed application form, fee, and the following information:

(1)

Name, address, and telephone number of the applicant and property owner; and the interest of the applicant in the property.

(2)

Legal description, address, and tax parcel number of the subject property.

(3)

An accurate, scaled drawing of the property, showing all property lines and dimensions correlated with the legal description; the location and dimensions of all existing and proposed structures and uses on the property; any roads, alleys, easements, drains, or waterways which traverse or abut the property; and the lot area and setback dimensions necessary to show compliance with the regulations of this chapter. In most cases, a site plan or sketch plan will meet this requirement.

(4)

Other reasonable information deemed necessary by the zoning board of appeals in order to make a proper decision.

(b)

Standards for variances. A variance from the literal enforcement of this chapter may be granted by the zoning board of appeals only if all of the following standards are met:

(1)

Literal enforcement of this chapter will pose practical difficulties to the applicant because of special conditions or circumstances which are unique to the specific property such as: exceptional shallowness or shape of the property, exceptional topographic conditions, extraordinary situation of a building or structure, use or development of an adjacent property, or difficulties relating to construction or structural changes on the site. Mere inconvenience or a desire to attain higher financial return shall not itself be deemed sufficient to warrant a variance.

(2)

Such variance is necessary for the preservation and enjoyment of a substantial property right enjoyed by other property owners in the same district under the terms of this chapter. Granting of the variance shall not confer upon the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district.

(3)

The alleged practical difficulties on which the variance request is based have not been created by any person presently having an interest in the property.

(4)

The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located.

(5)

The allowance of the variance will result in substantial justice being done, considering the public benefits intended to be secured by this chapter, the individual hardships that will be suffered by a failure of the zoning board of appeals to grant the variance, and the rights of others whose property would be affected by the allowance of the variance.

(6)

A variance granted shall be the minimum variance that will make possible a reasonable use of the land, buildings, or structure.

(c)

Variances; reapplication. An application for a variance which has been denied wholly or in part by the zoning board of appeals shall not be resubmitted for a period of one year from the date of denial, except on grounds of new evidence of changed conditions found by the zoning board of appeals to be valid. The zoning board of appeals shall review any subsequent application for a variance on the conditions and circumstances which exist at the time of the subsequent application.

(d)

Variance to run with land. A variance shall run with the land and shall not become void if property is sold to a new owner. However, a variance shall become null and void if no building permit or no construction is started within one year of the approval date of the variance.