SECTION 34
VARIANCES
Subsections:
34.02 Findings and Actions by the Board of Adjustment
34.03 Alternative Prevailing Standards
34.01 Application
An application for a variance from the provisions of this code shall be made to the board of adjustment on its prescribed form. The application shall be filed with the city clerk and be accompanied by the following items and such other evidence prescribed by the board:
a. Plans and descriptions sufficient to indicate the nature of the project involved and the proposed use with ground plans and elevations of all proposed buildings; together with estimate of cost.
b. Evidence satisfactory to the board of the ability and intention of the applicant to proceed with actual construction work in accordance with said plans within six months after issuance of the variance.
c. An agreement to waive claims for diminution in value as set forth in Section 3.07 of this code.
d. From the time of filing the application until the time of such hearing, the application and all maps, plans and other accompanying data shall be available for public inspection during office hours at the office of the secretary of the board. (Ord. 07-134 § 1 (part))
34.02 Findings and Actions by the Board of Adjustment
A variance from the provisions of the code shall not be authorized unless the board shall find upon sufficient evidence:
a. That there are special circumstances or conditions applying to the land, building, or use referred to in the application which do not apply to other properties in the district;
b. That such special circumstances were not created by the owner or applicant;
c. That the authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights; and
d. That the authorizing of the application will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, to the neighborhood or the public welfare in general.
The board shall prescribe in connection with any variance such conditions as it may deem necessary in order to fully carry out the provisions and intent of this code. Such conditions may include, among other things, a limitation of the time for which such variance shall be valid. Violation of any such condition shall be a violation of this code and such violation shall render the variance null and void.
34.03 Alternative Prevailing Standards
Where the property subject to a request for variance relief has been developed and maintained in conformance with private deed restrictions which materially differ from, but are not substantially less restrictive than, ordinance provisions affecting the requested relief, the board may consider such difference as constituting a special circumstance not created by the owner or applicant. (Ord. 04-91 § 1 (part))