(A) Standards. Variances from these standards, provisions, and specifications may be granted when it is demonstrated to the satisfaction of the City Council that, owing to special conditions, a strict adherence to the provisions of this chapter will result in unnecessary hardship and that the spirit and intent of the chapter will be observed.
(B) Procedure. A written request for variance shall be filed by the owner, seeking to develop or change the use of his property, or his agent with the City Civil Engineer and shall state specifically what variance is sought and the public’s interest in granting the variance. The applicant must specify hardships to result in following the prescribed regulations. The City Civil Engineer must then examine and decide the validity of the proposed hardships. This request is then submitted to the City Council by the City Civil Engineer along with a recommendation about granting the variance.
(1) The variance will be granted only upon showing that there is good and sufficient cause and that the failure to grant a variance would result in exceptional hardship to the applicant. Financial hardship to the property owners not constitute operator appropriate grounds for a variance under this chapter.
(2) A record of all variance actions shall be maintained by the Engineering Department including the justification for issuance.
(3) Variances may be considered for the reconstruction, abilitation or restoration of structures listed on the State Inventory of Historic Places.
(Ord. 432, passed 5-16-90; Am. Ord. B2006-8, passed 5-23-06; Am. Ord. B2011-19, passed 9-27-11)