Following a public hearing, the planning commission may authorize variances from the requirements of this title where it can be shown that, owing to special and unusual circumstances related to a specific property, the literal interpretation of this title would cause an undue or unnecessary hardship. No variance shall be granted to allow the use of property for purposes not authorized within the zone in which the proposed use would be located. In granting a variance, the planning commission may attach conditions which it deems necessary to protect the interests of the surrounding property owners or neighborhood and to otherwise achieve the purposes of this title.
A. Application: Application for a variance shall be filed by the property owner or authorized agent, using the city forms prescribed for that purpose. The planning commission may request additional drawings and/or information. The application shall not be considered complete until the required fees are paid. At a minimum, the application shall contain the following:
1. A description of the variance being requested; and
2. A site plan, drawn to scale, showing dimensions and arrangement of the proposed development, as well as the adjacent land uses within fifty feet (50') of the sites' property lines.
B. Criteria For Granting A Variance: The planning commission may grant a variance only when the applicant has shown that all of the following conditions exist:
1. The granting of the variance will not adversely affect the realization of the comprehensive plan, will not violate any other provision of this title, and will not create any significant obstacle to implementation of the plan and the zoning code.
2. The granting of the variance will not be detrimental to the public safety, health or welfare or be injurious to the property, adjoining properties, the neighborhood, or the community, will not change the character of the neighborhood or reduce the value of nearby property, and will not impose any significant cost upon the city or nearby property owners.
3. The conditions upon which the request for a variance is based are not generally applicable to other property due to the size, shape, topography, or location of the site or the location of existing buildings or other conditions.
4. The granting of the variance will not result in a use that is not otherwise permitted in the zoning district in which the variance is being requested.
C. Conditions Attached To Variance: The planning commission shall designate such conditions to an approved variance as it deems necessary to secure the purpose of this title. Said planning commission may require guarantees and evidence that the conditions are being complied with. Such conditions may include, but are not limited to, the following: additional setbacks for yards and open space, construction of fences and/or walls, limitations on the number and location of vehicular ingress and egress, requiring sight obscuring hedges and/or landscaping and ongoing maintenance, and regulation of the times certain activities shall be allowed.
D. Time Limit For Variance: If no substantial construction has occurred, authorization of a variance shall be void after two (2) years. Upon receipt of a request, the planning commission may extend a permit for one additional two (2) year period, if the planning commission finds that circumstances beyond the control of the applicant have prevented action being taken on the variance.
E. Administrative Variance: The city manager and the planning commission chairperson are authorized to jointly grant a variance of the setback, yard, height, lot coverage, lot size, width or depth standards of this title without notice or a public hearing being required. The maximum variance shall not exceed twenty five percent (25%) of the required standard. Applications shall be made in the same manner as described in subsection A of this section. In granting an administrative variance, written findings shall be made relative to the criteria listed in subsection B of this section. Reasonable conditions, such as described in subsection C of this section, may be attached to an administrative variance. In the event the city manager and planning commission chair decline to grant an administrative variance, the applicant shall be notified in writing. The decision may be appealed by the applicant to the planning commission within ten (10) days of receiving the notification. (Ord. 652, 6-4-2008)