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ARTICLE 25. Variances.
<br />
<br /> Sec. 25.100. Purposes and Authorization.
<br /> a. In order to prevent or to lessen such practical difficulties and
<br /> unnecessary physical hardships inconsistent with the objectives
<br /> of this ordinance as would result from a strict or l~leral inter-
<br /> pretation and enforcement of certain of the regulations, the
<br /> Board of Adjustment is empowered to grant variances. A prac-
<br /> tical difficulty or unnecessary physical hardship may result
<br /> from the size, shape, or dimensions of a site or the location
<br /> of existing structures thereon; from geographic, topographic,
<br /> or other physical con'ditions on the site or in the immediate
<br /> vicinify; or from population densities, street locations, or traL
<br /> fic conditions in. the immediate vicinity. Cost to the applicant
<br /> of strict or literal compliance with a regulation shall not be the
<br /> sole reason for granting a variance.
<br /> h. The power to grant variances does not extend to use regula-
<br /> tions because the flexibility necessary to avoid results incon-
<br /> sistent with the objectives of the zoning regulations is provided
<br /> by Article 24, (Conditional Uses).
<br /> c. The Board of Adjustment may grant variances or may author-
<br /> ize the Zoning Administrator to grant certain variances to the
<br /> regulations prescribed by this ordinance, in accord with the
<br /> procedure prescribed in this articIe, with respect to fences,
<br /> walls, hedges, screening, and landscaping; site area, width, front-
<br /> age, and depth; front, rear and side yards; basic floor area;
<br /> height of structures; distsnces between structures; courts; usa-
<br /> ble open space; signs; an.d off-street parking and off-street
<br /> loading facilities.
<br />
<br />Sec. 25.101. Board of Adjustment: Membership and Meetings.
<br /> The Board of Adjustment shall be composed of at least three
<br /> members of the City Planning Commission appointed by the
<br /> chairman of the Commission. If the Board does not include the
<br /> full Commission, its members shall be appointed for one year
<br /> terms and shall serve until their successors are appointed. If
<br /> the Board does not include the full Commission, the Board shall
<br /> elect a chairman who shall serve a one year term. The Board
<br /> shall hold two regular meetings each month, provided that a
<br /> meeting need not be held if no matters have been submitted
<br /> for consideration of the l~oard.
<br />
<br />Sec. 25.102. Application and Fee.
<br />25.102.1. Data and Maps to be Furnished.
<br /> Application for a variance shall be filed with the Zoning Ad-
<br /> ministrator on a form prescribed by the Board of Adjustment
<br /> and shall include the following data and maps:
<br /> a. Name and address of the applicant.
<br /> b. Statement that the applicant is the owner or the authorized
<br /> agent of the owner of the property on which the variance is
<br /> being requested.
<br /> c. Address or description of the property.
<br /> d. Statement of ~he precise nature of the variance requested and
<br /> the practleal difficulty or unnecessary physical hardship in-
<br /> consistent with the objectives of the zoning ordinance that
<br /> would result from a strict or literal interpretation and
<br /> forcement of a specified regulation of this ordinance, together
<br /> with any other data pertinent to the findings prerequisite to
<br /> the granting of a variance, prescribed in See. 25.106.1, (Find-
<br /> ings).
<br /> e. An accurate scale drawing of the site and any adjacent proper*
<br /> 'fy affected, showing, when pertinent, the contours at intervals
<br /> of not more than five feet, and all existing and proposed loca-
<br /> tions of streets, property lines, uses, structures, driveways, ped-
<br /> estrian walks, off-street parking and off-street loading facili-
<br /> ties, and landscaped areas.
<br /> f. If required for a hearing as prescribed in See. 25.104, (Public
<br /> Hearing), the application shall be accompanied by an accurate
<br /> scale drawing of the site and the surrounding area showing ex-
<br /> isting streets and property lines for a distance from each
<br /> boundary of the site determined by the Zoning Administrator
<br /> to be neeesary to illustrate the relationship to and impact on
<br /> the surrounding area.
<br /> g. The Zoning Administrator may require additional informa-
<br /> tion, plans, and drawings if they are necessary to enable a de-
<br /> termination as to whether the circumstances prescribed for the
<br /> granting of a variance exist. The Zoning Administrator may au-
<br /> thorize ommission of any or all the plans and drawings re-
<br /> quired by this section if they are not necessary.
<br />
<br />25.102.2. Fee.
<br /> The application shall be accompanied by a fee established by
<br />
<br /> resolution of the City Council to cover the cost of handling
<br /> applieatlon as prescribed in this artlele. A single applieat
<br /> may include requests for variances from more than one re
<br /> lation applicable to the same site, or for similar variances
<br /> two or more sites with similar characteristics.
<br />
<br />Sec. 25.103. Action by Zoning Administrator.
<br />Within 15 days of the date when a variance application is fi]
<br />the Zoning Administrator shall set the applica:tion for public hear
<br />before the Board of Adjustment, or shall grant, grant in modil
<br />form, or deny the request, provided that the Zoning Administr~
<br />may make decisions only on such types of variances as he may
<br />authorized to act upon by resolution of the Board. Within t
<br />days after the Zoning Administrator has granted, or granted
<br />modified form, a variance request, the Secretary shall send n
<br />notice of the action to the applicant, to the Board and to all I
<br />sons whose names appear on the latest adopted tax roll of Alam
<br />County as owning property within the vicinity of the site of
<br />variance that the Zoning Administrator determines is affected
<br />the decision, stating that the applicant, a Board member, or ~
<br />other person may request a hearing by the l~oard of A'djustm
<br />within 15 days following the date of the action by the Zoning
<br />ministrator.
<br />The decision of the Zoning Administrator shall become effecl
<br />15 days after it is made, unless a request for a hearing has b,
<br />received by the Secretary. Within 15 days after making a decis
<br />on a variance, the Zoning Administrator shall submit a report
<br />the Board of Adjustment stating his reasons for the action.
<br />
<br />Sec. 25.104. Public Hearing.
<br />The Board of Adjustment shall hold a public hearing on an ap
<br />cation for a variance if requested by the applicant, by the Zon
<br />Administrator, or by any other person, or if the Board has
<br />authorized the Zoning Administrator to make a decision on the tl
<br />of variance requested. The hearing shall be set and notice gl'
<br />as prescribed in Sec. 1.109, (Public Hearing Time and Notice)..4
<br />public hearing, the Board shall review the application, stateme~
<br />and drawings submitted therewith an.d shall receive pertinent ~
<br />dence concerning the variance, particularly with respect to the fi
<br />ings prescribed in Sec. 25.106.1, (Findings).
<br />
<br />Sec. 25.105. Investigation and Report.
<br />The Zoning Administrator shall make an investigation of each ap
<br />cation that is the subject of a public hearing and shall prepar,
<br />report thereon which shall be submitted to the Board of Adjustm
<br />and made available to the applicant prior to the public hearin~
<br />
<br />Sec. 25.106. Action of the Board of Adjustment or Zoning
<br /> Administrator.
<br />Within 40 days following the closing of a public hearing on a v.
<br />ance application, the Board of Adjustment shall act on the ap
<br />cation. The Board may grant by resolution a variance as the v.
<br />ance was applied for or in modified form, or the application n
<br />be denied. A variance may be revocable, may be granted for a 1
<br />ited time period, or may be granted subject to such conditions
<br />the Board or the Zoning Administrator may prescribe.
<br />
<br />25.106.1. Findings.
<br /> The Board of Adjustment or the Zoning Administrator n
<br /> grant a variance to a regulation prescribed by this ordina~
<br /> with respect to fences, walls, hedges, screening, or landscapi
<br /> site area, width, frontage, or depth; front, rear, or side yar
<br /> basic floor area; height of structures; distances between str
<br /> tures, courts, or usable open space, as the variance was appl
<br /> for or in modified form, if, on the basis of the applicat
<br /> and the evidence submitted, the Board or the Zoning Admix
<br /> trator makes findings of fact that establish that the cirm
<br /> stances prescribed in paragraphs a, b, or c and in paragra]
<br /> d and e below apply:
<br />
<br /> a. That strict or literal interpretation and enforcement of ~
<br /> specified regulation would result in practical difficulty or
<br /> necessary physical hardship inconsistent with the objecti,
<br /> of this ordinance.
<br /> b. That there are exceptional or extraordinary circumstances
<br /> conditions applicable to the property involved or to the inte~
<br /> ed use of the property that do not apply generally to ott
<br /> properties classified in the same zoning district.
<br /> c. That strict or literal intepretation and enforcement of i
<br /> specified regulation would deprive the applicant of privilel
<br />
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