19.135.050 Findings for a variance.
(A) The purpose of a variance is to restore equity when, due to special circumstances or conditions, this title restricts one (1) property more severely than other properties in the same zoning district. The circumstances or conditions must be beyond the control of the owner and relate to the property as opposed to the owner. Personal hardship or inconvenience does not justify a variance. The burden of proof is on the property owner.
(B) The board of adjustment shall make the following findings based on the evidence in the record prior to granting a variance:
(1) There are special circumstances or conditions applicable to the property including its size, shape, topography, location, or surroundings which were not self-imposed by the owner;
(2) Due to the special circumstances, the strict application of the zoning ordinance would deprive the property of privileges enjoyed by other properties in the same classification in the same zoning district;
(3) The variance is the minimum necessary to alleviate the property hardship;
(4) Granting the variance will not have a detrimental effect on the property, adjoining property, the surrounding neighborhood, or the city in general; and
(5) In granting a variance, the board shall impose such conditions and safeguards as are appropriate to ensure that the purpose and intent of this chapter will be fulfilled.
(C) The board of adjustment shall not grant a variance when:
(1) The special circumstances applicable to the property are self-imposed by the owner. This includes:
(a) A hardship that has been intentionally, knowingly, or recklessly created.
(b) The failure of the owner to consider other reasonable alternatives which do not require a variance.
(2) The variance would constitute a change to the uses permitted in any zoning district.
(3) The variance would constitute a grant of special privileges inconsistent with the limitations on other properties in the zoning district.
(4) No nonconforming use or violations of this chapter with respect to neighboring lands, structures, or buildings in the same zoning district, and no permitted use of lands, structures, or buildings in other zoning districts, shall be considered grounds for granting a variance. (Ord. No. 473, §§ 1 – 4, 6-6-00; Ord. No. 2006-07, § 4, 3-7-06; Ord. No. 2007-03, § 1, 1-16-07; Ord. No. 2009-08, §§ 1, 2, 6-2-09. 1976 Code § 15-1-35(E))