17-3-13 Variance process.
Any person or entity desiring a waiver or modification of the requirements of a land use ordinance as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest may apply for a variance from the terms of the land use ordinance.
A. Variance Criteria.
1. Standards. A variance may only be granted if all of the following conditions are met:
a. Literal enforcement of the ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinance;
b. There are special circumstances attached to the property that do not generally apply to other properties in the same district;
c. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district;
d. The variance will not substantially affect the general plan and will not be contrary to the public interest; and
e. The spirit of the land use ordinance is observed and substantial justice done.
2. Unreasonable Hardship. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship, the appeal authority may not find an unreasonable hardship if the hardship is self-imposed or economic. In addition, the appeal authority may not find an unreasonable hardship unless the applicant proves that the alleged hardship:
a. Is located on or associated with the property for which the variance is sought;
b. Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood. Special circumstances must:
i. Relate to the hardship complained of; and
ii. Deprive the property of privileges granted to other properties in the same district.
3. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
4. The appeal authority may not grant a use variance.
5. Variances run with the land.
6. Additional Requirements. In granting a variance, the appeal authority may impose additional requirements on the applicant that will:
a. Mitigate any harmful effects of the variance; or
b. Serve the purpose of the standard or requirement that is waived or modified.
B. Process. The appeal authority shall review all applications for variance requests according to the following procedure:
1. Variance requests must be submitted to the community development department. The applicant must pay all appropriate fees and must file a complete application, including an explanation of how all variance criteria have been met.
2. Notice/Posting. Upon receipt of a complete application, the community and economic development department shall set a public hearing date with the appeal authority and shall provide notice as provided in Section 17-3-9(E).
3. The appeal authority shall consider the variance application in accordance with subsection (A) of this section.
4. The appeal authority shall prepare written findings and a final decision on the variance request within thirty working days of the appeal authority meeting.
5. Appeal of Final Decision. The applicant or any person aggrieved by the final decision on the variance request may appeal to a court of competent jurisdiction within thirty days of the written decision. The decision shall stand, and those affected by the decision may act in reliance on it, unless and until a court enters an interlocutory or final order modifying or suspending the decision. (Ord. 2024-01 § 1 (Att. I); Ord. 2021-17 § 1 (Att. A); Ord. 2012-09 § 2 (Att. B (part)))