§ 23.07.08. Application and standards for variances.

(A)

Applications; when and by whom made: An application, in cases in which the BZA has original jurisdiction under the provisions of the zoning code, may be made by any property owner, tenant, or by a governmental officer, department, or bureau. Such application shall be filed with the BZA.

(B)

Appeals; when and by whom made: Appeals to the BZA concerning interpretation or administration of this title may be made by a person aggrieved or affected by a decision of the zoning inspector. Such appeal shall be made within 20 days after the decision, by filing with the BZA, a notice of appeal specifying the grounds, upon which the appeal is being made. The zoning administrator shall transmit to the BZA all the papers constituting the record upon which the action appealed from was made.

(C)

Stay of proceedings: An appeal stays all proceedings in furtherance of the action appealed from, unless the zoning administrator from whom the appeal is made certifies to the BZA after the notice of appeal is filed with zoning administrator, that by reason of facts stated in the application, a stay would, in the administrator's opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the BZA or by a court of record on application, on notice of the zoning administrator from whom the appeal is made due cause shown.

(D)

Application requirements and standards for variances. Except as otherwise permitted in this title, no variance in the strict application of the provisions of this title shall be granted by the BZA unless the BZA shall find that the written application of the requested variance contains all of the following requirements:

(1)

Name, address, and telephone number of applicant(s);

(2)

Legal description of property;

(3)

Description or nature of variance requested;

(4)

A fee is established by ordinance plus an additional fee in a sufficient amount to cover the cost of publishing and/or posting and mailing the notices of the hearing or hearings;

(5)

Narrative statements establishing and substantiating that the variance conforms to the following standards:

(a)

The granting of the variance shall be in accord with the general purpose and intent of the regulations imposed by this title on the zone in which it is located, and shall not be injurious to the area or otherwise detrimental to the public welfare.

(b)

The granting of the variance will not permit the establishment of any use which is not otherwise permitted in the zone.

(c)

There must exist special circumstances or conditions, fully described in the findings, applicable to the land or buildings for which the variance is sought, which are peculiar to such land or buildings and do not apply generally to land or buildings in the area, and which are such that the strict application of the provisions of this title would deprive the applicant of the reasonable use of such land or buildings. Mere loss in value shall not justify a variance. There must be deprivation of beneficial use of land or buildings.

(d)

There must be proof of hardship created by the strict application of this title. It is not sufficient proof of hardship complained of cannot be self-created nor can it be established on this basis by one who purchases with or without knowledge of the restrictions. It must result from the application of this title and it must be suffered directly by the property in question.

(e)

The granting of the variance is necessary for the reasonable use of the land or building and the variance as granted is the minimum variance that will accomplish this purpose.

(f)

The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase congestion in public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values of the adjacent area.

(g)

The granting of the variance requested will not confer on the applicant any special privilege that is denied by this regulation to other lands, structures, or buildings in the same zone.