A. Planning And Zoning Commission: The Board of Commissioners hereby grants discretionary authority to the Planning and Zoning Commission to approve single-lot variances which may be issued on a case-by-case basis after consultation with the City Manager, City Engineer, and the Director of Planning. No single-lot variance shall be considered except upon submittal of an application with the applicable fee paid. Approved single-lot variances by the Planning and Zoning Commission may be presented to the City Council, if the applicant is not in agreement to the conditions set forth by such commission, and presents a written appeal within thirty (30) working days to the City Commission for review and final action.
B. Single-Lot Variances: Properties proposed for single-lot variances, must meet all of the following criteria in order to be considered:
1. The property must be a single tract and not a series of proposed tracts,
2. It must have access to a paved public street,
3. It must not require any new streets to be dedicated and/or improved,
4. It must not require the extension of Municipal utilities, and
5. It must be within the corporate City limits.
C. Planning And Zoning Commission On Discretionary Terms Of Approval: By granting any single-lot variance, especially to those on the entire provisions of this chapter, the Planning and Zoning Commission has the planning discretion of requiring other terms or conditions which may mitigate the effects of an awarded single-lot variance. These conditions include but are not limited to the requirements of chapter 3 of this title. Should the applicant not accept such commission's terms of approval, the single lot variance shall be considered void.
D. Filing Fee: Each application for single-lot variance shall be in accordance to the City's existing subdivision application fees. No application shall be considered until such payment is made.
E. Time Limitation: Once a single-lot variance is granted, if such approval is contingent on certain conditions, then such conditions must be met within six (6) months, if not, the approval is revoked. A six (6) month extension may be granted by the Planning Director if requested by the applicant. (Ord. 16-07-17, 7-18-2017)