Standards for relief

[Amended 12-20-2023 by Ch. No. 3287]

• A. Variance.
  • (1) In granting a variance, the Board, or the City Planning Commission or Joint Planning Commission under unified development review as appropriate, shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:
    • (a) That the hardship from which the applicant seeks relief is due to the unique characteristics of the subject land or structure and not to the general characteristics of the surrounding area; and is not due to a physical or economic disability of the applicant, excepting those physical disabilities addressed in § 410-1O.
    • (b) That said hardship is not the result of any prior action of the applicant.
    • (c) That the granting of the requested variance will not alter the general characteristic of the surrounding area or impair the intent or purpose of this chapter or the Comprehensive Plan of the City.
  • (2) The Board, or the City Planning Commission or Joint Planning Commission under unified development review as appropriate, shall, in addition to the above standards, require that evidence be entered into the record of the proceedings showing that:
    • (a) In granting a use variance, the subject land or structure cannot yield any beneficial use if it is required to conform to the provisions of this chapter. Nonconforming use of neighboring land or structures in the same district and permitted use of land or structures in an adjacent district shall not be considered grounds for granting a use variance; and
    • (b) In granting a dimensional variance, that the hardship that will be suffered by the owner of the subject property if the dimensional variance is not granted shall amount to more than a mere inconvenience, meaning that relief sought is minimal to a reasonable enjoyment of the permitted use to which the property is proposed to be devoted. The fact that a use may be more profitable or that a structure may be more valuable after the relief is granted shall not be grounds for relief.
    • (c) The Board, or the City Planning Commission or Joint Planning Commission under unified development review as appropriate, shall have the power to grant dimensional variances where the use is permitted by special use permit.
• B. Special use permit.
  • (1) In granting a special use permit, the Board, or the City Planning Commission or Joint Planning Commission under unified development review as appropriate, shall require that evidence to the satisfaction of the following standards be entered into the record of the proceedings:
    • (a) That the special use is specifically authorized by this chapter and setting forth the exact subsection of this chapter containing the jurisdictional authorization.
    • (b) That the special use meets all of the criteria set forth in the subsection of this chapter authorizing such special use and any other applicable provisions of this chapter.
    • (c) That the special use is compatible with neighboring land uses.
    • (d) That the special use will not create a nuisance or hinder the future development of the City.
  • (2) An applicant may apply for, and be issued, a dimensional variance in conjunction with a special use. If the special use could not exist without the dimensional variance, the permitting authority shall consider the special use permit and the dimensional variance together to determine if granting the special use is appropriate based on both the above special use criteria and the dimensional variance evidentiary standards.