Loading...
The change from one non-conforming use to another non-conforming use shall be allowed only if the Planning Commission determines that such structure is suitable only for another non-conforming use no more detrimental to surrounding properties than the one to be replaced.
(Ord. 24, passed 4-5-1976; Ord. 256, passed 4-6-2004)
(A) If a non-conforming structure, or a structure containing a non-conforming use, is unintentionally destroyed, it may be fully replaced within three years, providing the work does not result in an alteration of the footprint, height, or volume of the structure, or building outside the property line.
(B) Present ordinance requirements shall be complied with unless a hardship is involved.
(Ord. 24, passed 4-5-1976; Ord. 256, passed 4-6-2004)
VARIANCES
The Planning Commission may authorize variances from the requirements of this chapter where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, strict application of the ordinance would cause an undue or unnecessary hardship. No variance shall be granted to allow the use of property for a purpose not authorized within the zone in which the proposed use would be located.
(Ord. 24, passed 4-5-1976; Ord. 185, passed 12-22-1992)
A variance may be granted only in the event that all of the following circumstances exist:
(A) Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, legally existing prior to the date of this chapter, topography, or other circumstances over which the applicant has no control;
(B) The variance is necessary for the preservation of a property right of the applicant substantially the same as owners of other property in the same zone or vicinity possess;
(C) The variance would not be materially detrimental to the purposes of this chapter, or to property in the zone or vicinity in which the property is located, or otherwise conflict with the objectives of any city plan or policy;
(D) The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship; and
(E) The hardship asserted as a basis for the variance does not arise from a violation of this chapter.
(Ord. 24, passed 4-5-1976)
The following procedures shall be followed in applying for and acting on a variance.
(A) A property owner may initiate a request for a variance by filing an application with the City Recorder, using forms prescribed pursuant to § 152.205 of this chapter. The application shall be accompanied by a site plan drawn to scale showing the condition to be varied and the dimensions and arrangement of the proposed development. The Planning Commission may request other drawings or material essential to an understanding of the variance request.
(B) Before the Planning Commission may act on a request for a variance, it shall hold a public hearing. Section 152.206 of this chapter sets procedure for notice of public hearing.
(C) Within five days after a decision has been rendered with reference to a request for a variance, the City Recorder shall provide the applicant with notice of the decision of the Planning Commission.
(D) The Planning Commission’s decision is final unless it is appealed pursuant to § 152.203 of this chapter.
(Ord. 24, passed 4-5-1976)
(A) Authorization of a variance shall be void after one year unless substantial construction pursuant thereto has taken place.
(B) However, the Planning Commission may extend authorization for an additional period not to exceed one year, on request.
(Ord. 24, passed 4-5-1976)
Loading...