§ 58-233. Variances.

(a)

Under no circumstances shall the board of adjustment grant a variance to allow a use of land or structures not permitted under the terms of this chapter in the district involved or for a use expressly, or by inference, prohibited in said district. No variances shall be granted by the board of adjustment for the following:

(1)

Setbacks for signs and areas and/or height of signs.

(2)

Setbacks for essential services, class III.

(3)

To change the uses that are permitted on the property in question.

No variance for setbacks shall be granted which allows the applicant to reduce the applicable setback by more than 50 percent.

(b)

The board of adjustment shall follow quasi-judicial procedures when deciding requests for variances. The board of adjustment, before granting a variance, shall make the following findings based on substantial, competent and material evidence in the record before them:

(1)

Unnecessary hardship would result from the strict application of the ordinance. It is not necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property. This shall be construed to mean:

a.

The hardship results from the application of this chapter;

b.

The hardship results from the conditions that are peculiar to the property, such as location, size, or topography. (Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance.); and

c.

The hardship is not the result of actions taken by the applicant or the property owner. (The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship.)

(2)

That the variance is in harmony with the general purpose and intent of this chapter and preserves its spirit.

(3)

That in the granting of the variance, the public safety and welfare have been assured and substantial justice has been done.

(4)

That the reasons set forth in the application and the hearing justify the granting of a variance, and that the variance is a minimum one that will make possible the reasonable use of land or structures.

(c)

Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance.

(d)

Any order of the board of adjustment in granting a variance shall expire if a zoning permit, or certificate of occupancy for such use if a zoning permit is not required, has not been obtained within one year from the date of the decision.

(Ord. No. O-2010-08, 6-14-2010; Ord. No. O-2012-10, 6-11-2012; Ord. No. O-2014-10, 10-13-2014)