§ 25-2-474. REQUIRED FINDINGS.

(A)

The Board of Adjustment may grant a variance from a requirement if it determines that:

(1)

the requirement does not allow for a reasonable use of property;

(2)

the hardship for which the variance is requested is unique to the property and is not generally characteristic of the area in which the property is located; and

(3)

development under the variance does not:

(a)

alter the character of the area adjacent to the property;

(b)

impair the use of adjacent property that is developed in compliance with the City requirements; or

(c)

impair the purposes of the regulations of the zoning district in which the property is located.

(B)

The Board may grant a variance from a loading facility or off-street parking if, in addition to the findings required by Subsection (A), the Board determines that:

(1)

current or anticipated traffic volume generated by the use of the property or a nearby property does not reasonably require strict compliance with and enforcement of the requirement from which a variance is requested;

(2)

development under the variance does not result in parking or loading on public streets that interferes with the free flow of traffic on the streets; and

(3)

development under the variance does not create a safety hazard or any other condition that is inconsistent with the objectives of the Code.

(C)

A variance granted under Subsection (B) applies only to the use for which the variance was granted and does not run with the land on which the use is located.

(D)

A variance granted under Subsection (B) shall not apply to bicycle parking. An applicant may also seek a waiver pursuant to Code Section § 25-6-477(F) ( Bicycle Parking ) to waive bicycle parking.

Source: Section 13-2-834; Ord. 990225-70; Ord. 031211-11; Ord. 20130523-104.