(A) General provisions.
(1) Any person, firm, corporation, or any other organization or entity having an interest in real property which is subject to the provisions of this chapter may apply for a variance from those provisions in accordance with this section.
(2) The City Planning Commission shall review requests for variances and shall hold at least 1 public hearing on the request. After the conclusion of the hearing(s), the Planning Commission shall make a recommendation on the request to the City Council who shall then make the final decision on whether or not to grant the variance.
(3) No variance shall be granted that would allow any use that is prohibited in the zoning district in which the subject property is located.
(Am. Ord. passed 11-6-1996)
(B) Grounds for a variance.
(1) A variance shall be granted when:
(a) It is in harmony with the general purpose and intent of this chapter;
(b) There are practical difficulties or unnecessary hardships in the way of the strict application of the provisions of this chapter. The terms
DIFFICULTIES and HARDSHIPS mean that the property in question cannot be put to a reasonable use if used under the conditions allowed by this chapter. The request by the applicant for a variance must be due to circumstances unique to the property and not created by the applicant, and it must be related to the property rather than to a personal preference or idiosyncrasy of the applicant. Economic considerations alone shall not constitute a difficulty or hardship for the purpose of granting a variance if a reasonable use for the property exists under the terms of this chapter;
(c) A district is extended where the boundary line thereof divides a lot in 1 ownership at the time for the passage of this chapter, but the extension of any district shall not exceed 100 feet;
(d) The variance, if granted, shall not alter the eventual character of the locality.
(2) In recommending any adjustment or variance to the City Council under the provisions of this section, the City Planning Commission may impose the further conditions as it deems necessary to ensure compliance with the provisions of this chapter and to protect adjacent properties and the public interest.
(Am. Ord. passed 11-6-1996)
(3) The applicant for a variance which, in the opinion of the Planning Commission, may result in a material adverse effect on the environment, may be requested by the Planning Commission to demonstrate the nature and extent of the effect before the Planning Commission recommends the granting of the variance.
(C) Procedure.
(1) An application for a variance shall be filed with the Zoning Administrator. The application must contain the name of the applicant, a legal description of the affected property and the applicant’s relation thereto, the specific provision or provisions of this chapter from which the variance is requested, and the grounds therefore which must be in accordance with the provisions of this section and must be signed by the applicant. At the option of the Zoning Administrator and/or the Planning Commission, the application shall be accompanied by a site plan showing pertinent information including, but not limited to:
(a) Description of site (legal description);
(b) Site plan showing parcel and building dimensions;
(c) Location of all buildings and their square footage;
(d) Curb cuts, driveways, access roads, parking spaces, off-street loading areas, and sidewalks;
(e) Landscaping and screening plans;
(f) Drainage plan;
(g) Sanitary sewer and water plan with estimated use per day;
(h) Soil type (clay or black dirt); and
(i) Any additional data reasonably required by the Planning Commission.
(2) The City Zoning Administrator upon receipt of a proper application for a variance shall set a time and place for a public hearing before the Planning Commission on the application. At least 10 days in advance of any such hearing, notice of the time, place, and purpose of the hearing shall be published in the official newspaper of the city.
(3) Written notice of the public hearing shall be sent to all property owners or residents within 300 feet of the property. The notice shall describe the particular variance and shall contain a description thereof.
(4) The Planning Commission may continue the hearing concerning the application for a variance, or it may hold the additional hearings as it deems advisable. The Planning Commission shall make its recommendation upon the application to the City Council within 30 days of the conclusion of the hearing relating to any given application. The City Council may also then hold whatever additional public hearings it deems advisable in regard to the application.
(Am. Ord. passed 11-6-1996)
(5) The City Planning Commission shall not recommend the granting of any application and the Council shall not grant any application unless they find the following facts. At the hearing the application shall present evidence in the form as the City Planning Commission may require, to show these facts:
(a) That there are special circumstances or conditions affecting the land, building, or use referred to in the application;
(b) That the granting of the application is necessary for the preservation and enjoyment of substantial property rights; and
(c) That the granting of the application will not materially affect adversely the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood.
(6) No permit shall be issued under the provisions of this section unless and until a recommendation of the City Planning Commission, as aforesaid, is received and the variance request is approved by the City Council. In reporting its recommendation to the City Council, the City Planning Commission shall report its findings with respect thereto and all facts in connection therewith, and shall specifically and fully set forth any adjustment or variance recommended and the conditions designated. Upon receipt of the report the City Council, acting as the Board of Adjustment, shall either approve the application, with or without changes, whereupon the permit as applied for may be issued; or shall refuse to approve the application. All decisions by the Board of Adjustment (City Council) in granting or denying a variance shall be final except that any aggrieved person or persons, or any department, board, or commission within the county or state shall have the right to appeal, within 30 days, after receipt of notice of the Board’s decision, to the District Court on questions of law and fact.
(Am. Ord. passed 11-6-1996)
(D) Fees. To defray administrative costs of processing requests for variances, a fee shall be paid by the applicant. This fee is in addition to the regular building permit fee. Fees for variances will be set by the City Council.
(Ord. 106, passed 3-13-1995)