§ 154.52 VARIANCES.
   (A)   General conditions.
      (1)   The Planning Commission may recommend a variance from the provisions of this chapter when, in its opinion, undue hardship may result from strict compliance.
      (2)   In granting any variance, the Planning Commission shall prescribe only conditions that it deems necessary to or desirable for the public interest.
      (3)   In making its findings, as required herein below, the Planning Commission shall take into account the nature of the proposed use of the land and the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision, and the probable effect of the proposed subdivision upon traffic conditions in the vicinity.
      (4)   (a)   No variance shall be granted unless the Planning Commission finds:
            1.   That there are special circumstances or conditions affecting the property, such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his or her land;
            2.   That the variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner;
            3.   That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which the property is situated.
         (b)   Variances shall not be granted to allow a use otherwise excluded from the particular district in which requested. See Chapter 153 for provisions on conditional use permits.
(Prior Code, § 4-1100)
   (B)   Applications required.
      (1)   Applications for any variance shall be submitted in writing by the subdivider at the time when the preliminary plat is filed for consideration by the Planning Commission, stating fully and clearly all facts relied upon by the petitioner and shall be supplemented with maps, plans or other additional data which may aid the Planning Commission in the analysis of the proposed project. The plans for the development shall include covenants, restrictions or other legal provisions necessary to guarantee the full achievement of the plan.
      (2)   All fees charged for variances will be set by resolution of the Lead City Commission.
(Prior Code, § 4-1101)
   (C)   Time limit; variances. Anyone being granted a variance, shall have 90 days within which to obtain a building permit. If circumstances beyond the applicant's control should prohibit compliance, the applicant may appear before Planning and Zoning and request an extension. If the building permit is not obtained within the time limit, the variance shall be revoked.
(Ord. 855-93, passed 3-29-1992)
(Ord. 866-93, passed 11-15-1993; Ord. 893-97, passed 5-5-1997)