(A) Any restriction or provision of this chapter may be varied only upon application to the Supervisor of Zoning on forms furnished by him or her and issuance of a variance by the City Council.
(B) The Council may require the applicant to furnish building plans drawn to scale, plot plan, elevations of the proposed and existing structures and land and any other information as may be requested to assist the Council in making its decision.
(C) The Council shall act on an application at a regular or special meeting within 30 days from receiving the application, except where additional information is required pursuant to division (B) above and has not been presented, the Council shall render a written decision within 30 days from the receipt of the additional information.
(D) (1) The Council shall evaluate a request for a variance based on the following criteria:
(a) The property will not yield a reasonable return if used in compliance with this chapter;
(b) The conditions causing the hardship are unique and are not shared by adjacent properties in the same zone; and places cruel and unusual hardship upon the owner;
(c) The granting of the variance will not essentially alter the character of the area or district; and
(d) The granting of the variance will not be in conflict with the Comprehensive Plan.
(2) The burden of proof of these conditions rests with the applicant. The applicant shall address himself or herself to these criteria when presenting his or her statement to the Council.
(E) No variance shall be granted unless the request is approved by a three-fifths majority vote in favor thereof of the City Council.
(Ord. passed 6-9-1947; Ord. passed 12-19-1949; Ord. passed 7-8-1955; Ord. passed 11-16-1959; Ord. passed 3-28-1960; Ord. passed 7-8-1974; Ord. passed 4-28-1975; Ord. 8.24, passed 9-17-1979)