§ 575-10 — Variance

Sec. 575-10. - Variance.

An owner or occupant may submit a written request for a variance to the board of business and neighborhood services if compliance with this chapter will cause undue hardship to such owner or occupant without a sufficient corresponding benefit to the health or safety of the public. To receive consideration, such request must be received prior to the time the city abates the environmental nuisance on the property. Upon receipt of a request, the board of business and neighborhood services shall schedule a hearing and notify the owner or occupant of the time and place. At least ten (10) days prior to the hearing, the owner or occupant shall notify in writing the owners and occupants of all property within one hundred fifty (150) feet of the property for which the variance is requested. The notice shall state the location of the property for which the variance is requested, the nature of the variance requested, and the time and place of the hearing. At the hearing, the owner or occupant requesting the variance, representatives of the city, representatives of state or local governmental health authorities and any person affected by the proposed variance may present evidence. After the hearing, the board of business and neighborhood services may grant or deny the request. The decision of the board shall be final. Within ten (10) days of the decision, written notice of the board of business and neighborhood services' decision shall be given to the owner or occupant who requested the variance.

(G.O. 30, 1995, § 1; G.O. 38, 2007, § 1; G.O. 39, 2009, § 3; G.O. 63, 2009, § 52; G.O. 41, 2016, § 2)