§ 8A-9. Variance from distance requirement.

(a)

The zoning board of adjustment, sitting as a permit license and appeal board, may grant a variance to a proposed boarding home facility authorizing its location within one thousand (1,000) feet of another boarding home facility.

(b)

The variance procedure is as follows:

(1)

Application. When requesting a variance from the distance requirement found within section 8A-8, the applicant must submit the following information to the director:

a.

Completed variance request form with the following information:

1.

The name and address of the applicant for the boarding home facility;

2.

The name and address of the boarding home facility subject to the request, if applicable;

3.

The name of the property owner for the property where the boarding home facility is proposed to be located;

4.

The name and address of the boarding home facility currently in existence which triggered the request for variance;

5.

Notarized authorization of the property owner consenting to the variance request; and

6.

The payment of a seven hundred fifty dollar ($750.00) fee for the variance, which is nonrefundable.

b.

Statement of justification as to how the requested variance meets the criteria in subsection (b)(4) of this section.

c.

A site and floor plan showing the following information:

1.

North arrow and scale;

2.

Boundaries of the property;

3.

Location and dimensions of all buildings and structures;

4.

Interior floor plan; and

5.

All fences, parking area, and landscape area.

(2)

Hearing. The director shall set a date for a public hearing before the zoning board of adjustment within sixty (60) days from the date a complete variance application is received.

(3)

Notices. No later than ten (10) days prior to the date of the hearing, the director shall send written notice of the variance request, to include the date and time of the scheduled public hearing, to:

a.

The property owner of the boarding home facility currently in existence which triggered the request for variance;

b.

The applicant requesting the variance; and

c.

Each owner, as indicated by the most recently approved municipal tax roll, of real property, within two hundred (200) feet of the property.

(4)

Board decision; criteria.

a.

In determining whether to grant a variance, the zoning board of adjustment must find by a majority vote that the enforcement of the distance requirement is not in the best interest of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on an applicant for a permit, does not serve its intended purpose, and/or is not effective or necessary. For purposes of this section, a self-created or financial/economic hardship does not constitute an undue hardship.

b.

If at the conclusion of the public hearing the zoning board of adjustment grants the applicant's request for a variance, the zoning board of adjustment may impose additional conditions on the granting of the variance where such conditions are intended to mitigate the impacts caused by the boarding home facility and are in the public interest.

c.

The decision by the board is final and no rehearing may be granted.

(5)

Renewal and non-transferability. A variance granted pursuant to this subsection is valid for subsequent renewals of the permit for which a variance was sought. A variance granted pursuant to this subsection is not transferable to another owner, operator, or location.

(6)

Variance violation. The director may request the city attorney to seek any and all remedies available at law and/or equity to assure the conditions imposed on the granting of the variance are enforced.

(7)

Denial. If a variance is denied under this section, no new application for a boarding home facility permit for the same location will be accepted within twelve (12) months from date of the denial.

(Ord. No. 2015-9654 , § 1, 1-15-15)