(A) Generally. In instances where the strict enforcement of the literal provisions of this chapter would cause undue hardship because of circumstances unique and distinctive to an individual property under consideration, the Council, sitting as a Board of Adjustments and Appeals, shall have the power to grant variances, in keeping with the spirit and intent of this chapter. The provisions of this chapter, considered in conjunction with the unique and distinctive circumstances affecting the property must be the proximate cause of the hardship; circumstances caused by the property owner or his or her predecessor in title shall not constitute sufficient justification to grant a variance. The following rules shall govern applications for a variance from the strict requirements of this chapter.
(B) Procedures.
(1) A variance application shall be initiated by the owner of the subject property or his or her authorized agent. The application shall be referred to the Planning Commission for public hearing, study and report and may not be acted upon by the Council until it has received the recommendation of the Planning Commission, or until 90 days have elapsed from the date of referral of the application without a report by the Planning Commission. The
DATE OF REFERRAL is defined as the date of the public hearing.
(2) The applicant shall fill out and submit to the Secretary of the Planning Commission a planning and zoning application, copies of which are available at the city offices, together with a fee as set by resolution of the City Council. The application shall be filed with the Secretary of the Planning Commission at least 14 days before the date of the public hearing.
(3) The Secretary of the Planning Commission shall refer the matter to the Planning Commission by placing the application upon the agenda of the Planning Commission’s next regular meeting; provided, however, that the Secretary may, with the approval of the Chairperson of the Planning Commission, place the application on the agenda for a special meeting of the Planning Commission.
(4) Not less than ten days before the date of the hearing, the Secretary of the Planning Commission shall mail notice of the hearing to the applicant and to the property owners or occupants within 350 feet (including streets) of the subject property. The failure of the owner or occupant to receive the notice shall not invalidate the proceedings hereunder.
(5) The Planning Commission shall report its recommendations to the Council not later than 60 days following the date of referral to the Planning Commission.
(6) The application and recommendation of the Planning Commission shall be placed on the agenda of the Council within 30 days following the recommendation of the Planning Commission, or in the event the Planning Commission has failed to make a recommendation, within 90 days of the date of referral to the Planning Commission.
(7) The Council shall make a final determination of the application within 60 days of the recommendation by the Planning Commission, or in the event the Planning Commission has failed to make any recommendation, within 120 days of the date of referral to the Planning Commission.
(8) The applicant or his or her agent shall appear at each meeting of the Planning Commission and of the Council during which the application is considered. Furthermore, each applicant shall provide for the Planning Commission or the Council, as the case may be, the maps, drawings, plans, records or other information requested by the Planning Commission or the Council for the purpose of assisting the determination of the application.
(9) The Secretary of the Planning Commission, following the Planning Commission’s action upon the application, and the City Administrator/Clerk-Treasurer, following the Council’s action upon the application, shall give the applicant a written notice of the action taken. A copy of this notice shall be kept on file as a part of the permanent record of the application.
(C) Standards for variances. The Planning Commission may recommend and the Council, sitting as a Board of Adjustments and Appeals, may grant variances from the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration. However, the Planning Commission shall not recommend and the Council shall in no case permit as a variance any use that is not permitted under this chapter in the district where the affected person’s land is located. A variance may be granted by the Council after demonstration by evidence that all of the following qualifications are met.
(1) Because of the particular physical surroundings, shape or topographical conditions of the specific parcels of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.
(2) The conditions upon which the application for a variance is based are unique to the parcel of land for which the variance is sought, and are not common, generally, to other property within the same zoning classification.
(3) The alleged hardship is related to the requirements of this chapter and has not been created by any persons presently or formerly having an interest in the parcel of land.
(4) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located.
(D) Conditions and restrictions. The Planning Commission may recommend and the Council, sitting as a Board of Adjustments and Appeals, may impose conditions and restrictions in the granting of variances so as to ensure compliance with the provisions of this chapter and with the spirit and intent of the Comprehensive Plan and to protect adjacent properties.
(1989 Code, § 11.14) (Ord. 67, passed 11-6-2013)