The City Council may approve variances or exceptions from the minimum standards of this chapter (not procedural provisions) when, in its opinion, exceptional undue hardship may result from strict compliance and the variance will not interfere with the purpose and intent of this chapter or when the variance is granted pursuant to an approved Planned Unit Development pursuant to § 153.341.
(A) Variance or exception criteria. In approving any variance or exception, the City Council shall prescribe any conditions that it deems necessary or desirable to the public interest. In granting its approval, the City Council shall take into account the nature of the proposed use of land and the existing use of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. Hardship relating to economic difficulties shall not be considered for the purpose of granting a variance. A variance shall only be approved when the City Council finds that each and every one of the following apply:
(1) There are special circumstances or highly unique conditions affecting the property such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of land;
(2) The granting of the variance will not be detrimental to the public health, safety, and welfare or injurious to other property in the vicinity in which the development site is situated;
(3) The granting of the variance will not increase the flood hazard or flood damage potential;
(4) The variance results from physical hardship such as topography, or inadequate access to direct sunlight for solar energy systems;
(5) The hardship is not a result of an action or actions by the owner, applicant, or any agent thereof; and
(6) The granting of the variance will not allow a use not otherwise permitted in the Zoning Code.
(B) Procedure. The procedures for processing variance applications shall comply with § 153.036, as may be amended.
(Ord. 550, passed 5-22-2006)