A. Applications: any person, firm, or corporation may apply for a variance. If such person, firm, or corporation is acting as an authorized agent, written authorization consenting to the application shall be provided by the property owner. An application shall be provided by the city and returned to the Planning Administrator. The completed application along with all supporting documentation shall be submitted to the Planning Administrator at least twenty (20) days prior to the next regularly scheduled Planning Commission meeting and shall illustrate:
1. That special conditions and circumstances exist, which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district;
2. That a literal interpretation of the provisions of the zoning ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the zoning ordinance;
3. That the special conditions and circumstances do not result from the actions of the applicant;
4. That the granting of the variance requested will not confer on the applicant any special privilege that is denied by the zoning ordinance to other lands, structures, or buildings in the same district; and
5. That the grounds for the application is not based on nonconforming uses of neighboring lands, structures, or buildings in the same district.
B. Fees: Upon filing any application for a variance, the applicant shall pay Custer City the appropriate fee(s) as set forth by the fee schedule adopted annually by resolution. (Ord. 804, 2018)