(A) Variances shall not create a use not provided for in a zoning district.
(B) Variances shall be issued to the property and are not transferable.
(C) Variances shall be issued to the property for structures or other specified uses only after a public hearing and approval by the Board of Adjustment. All applications for a variance shall be submitted to the Zoning Administrator 30 days ahead of the hearing date, accompanied by a certificate of survey (unless waived by the Zoning Administrator) showing the details of the proposal and an accurate legal description, along with the appropriate fee. The fee or contract owner of the property shall sign the application. The Zoning Administrator shall notify all property owners within a minimum of 350 feet by regular mail and shall advertise the hearing once in the legal section of the official newspaper at least ten days ahead of the public hearing. The Zoning Administrator shall send the same notice ten days in advance of this hearing to the DNR if the proposed is in shoreland. At the applicant’s option, the applicant may request a sketch plan review with no action by the Planning Commission and with no fee by giving 14 days’ notice thereof to the Zoning Administrator, meeting time permitted.
(D) The applicant shall complete the variance application approved by the City Council. The application shall contain submittal requirements, criteria for approval, procedure for consideration, and city contact information. The city shall not accept applications where the applicant has past due fees or charges due to the city until the account is made current.
(E) Variances shall be decided within the required time frame with consideration for the following:
(1) The applicant establishes that there are practical difficulties, as defined in this chapter, in complying with the official control;
(2) The deviation from this chapter with any attached conditions will still be in harmony with the general purposes and intent of this chapter and the Comprehensive Plan; and
(3) The variance will not create a land use not permitted in the zone.
(F) The Board of Adjustment may impose conditions in the granting of variances. A condition must be directly related to and must bear a rough proportionality to the impact created by the variance.
(G) When costs to the city involved in processing and reviewing an application exceeds the original application fees, the applicant shall reimburse the city for any additional costs. Such expenses may include, but are not limited to, payroll, mailing costs, consultant fees, and other professional services the city may need to retain in reviewing permits.
(H) Failure by the owner to act within six months on a variance unless extended by the Board of Adjustment shall void the variance. A second extension shall require a new public hearing. This provision shall apply to any variance outstanding at the time of this chapter’s adoption.
(I) Appeals from the action of the City Council shall be filed with the District Court within 30 days after Council action.
(J) The variance shall be filed with the County Recorder within 45 days.
(Ord. passed 4-10-2017)