10-3-4: STANDARD OF REVIEW – VARIANCE:
A. Criteria: The appeal authority shall grant a variance only if:
1. Literal enforcement of the zoning ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the zoning ordinance;
2. There are special circumstances attached to the property that do not generally apply to other properties in the same zone;
3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other properties in the same zone;
4. The variance will not substantially affect the general plan and will not be contrary to the public interest; and
5. The spirit of the zoning ordinance is observed and substantial justice is done.
B. Unreasonable Hardship: In determining whether enforcement of the zoning ordinance would cause unreasonable hardship under subsection A1 of this section, the appeal authority may not find an unreasonable hardship unless the alleged hardship:
1. Is located on or associated with the property for which the variance is sought; and
2. Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood; and
3. Is not self-imposed or economic.
C. Special Circumstances: The appeal authority may find that special circumstances exist only if the special circumstances:
1. Relate to the hardship complained of; and
2. Deprive the property of privileges granted to other properties in the same zone.
D. At all times, the applicant bears the burden of proving that all of the criteria justifying a variance have been met.
E. The appeal authority may not grant a use variance.
F. For each request for variance, the appeal authority shall issue a written decision that includes the findings of fact and conclusions of law upon which the decision is based, and any conditions of approval the appeal authority determines are reasonable and necessary to mitigate the impact of granting the requested variance.
G. A variance “runs with the land.”
H. A variance shall expire if the applicant fails to obtain a building permit within one (1) year from the date of the decision or fails to complete the construction authorized by the variance according to the terms of the building permit. (Ord. 2019-10-002, 10-10-2019)