FINAL ORDINANCE NO. 08-085 - Laserfiche WebLink

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a. Definition of Practical Difficulties. "Practical difficulties," as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. 2. Unique Circumstances. The problem for the landowner/applicant which the proposed variance is intended to correct must be due to circumstances that are unique to the property in question and that were not created by the land owner/applicant. 3. Character of Locality. The proposed variance will not alter the essential character of the locality in which the property in question is located. a. Definition of Locality. For purposes of this subsection, "locality" shalt be defined as all that property within 350 feet of the property proposed for the variance; however, in all events, it shall include all parcels abutting the affected parcel, including those immediately across a public street, alley of other public property. 4. Adjacent Properties and Traffic. The proposed variance will not impair an adequate supply of light and air to property adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. G. Conditions. The Planning Commission may recommend and the Board of Adjustment may impose such restrictions and conditions upon the property that is the subject of the variance as may be necessary to comply with the standards established by this chapter or to reduce or minimize the effect of such variance upon other properties in the neighborhood and to better carry out the intent of the variance. H. Effect of Denial. No application by a property owner for a variance shall be submitted to the Board of Adjustment within a six (6) month period following a denial of such a request unless, in the opinion of the Board, new evidence of change in circumstances warrant it. I. Expiration. A variance shalt be deemed to authorize only one particular use and shalt expire if work does not commence within twelve (12) months of the date of granting such variance or if that use ceases for more than six (6) consecutive months. J. Revocation. The Board of Adjustment may revoke a variance if any conditions established by the Board as part of granting the variance request are violated. § 154.110 Violations and Enforcement A. Enforcing Officer. It shalt be the duty of the Planning Director to cause the provisions of this chapter to be properly enforced. Violations 1. Violations. Any person who shall violate or refuse to comply with any of the provisions of this Chapter shall be subject to the enforcement and penalty provisions of 510.99 of the City Code. C. Investigation and Administrative Enforcement. Investigation of Violation. The Director of Planning shall investigate alleged violations of this Chapter. Investigation of a violation may require accessing the property where the violation is alleged to have occurred. The Director of Planning shalt notify the landowner of the need for investigation and make a reasonable attempt to gain permission from the landowner for access to the property and structures for investigative purposes. If the landowner is unresponsive or access to the property is specifically denied by the landowner, the Director of Planning shall obtain a judicial order prior to entering upon the property. Entering a structure for investigative purposes shall occur only upon permission of the landowner or issuance of a judicial order. 2. Administrative Enforcement a. Notice of Violation. Whenever in the judgment of the Director of Planning a determination is made upon investigation that a particular permit holder has not 12