A. Hearing Examiner Authority, Title 12 Variances: The hearing examiner shall have authority to grant a variance from provisions of the development standards of title 12, "Zoning Regulations", of this code, when conditions as set forth in subsection B of this section have been found to exist; provided, that any variance granted shall be subject to such conditions as will assure the adjustment meets the conditions of subsection B of this section. No variance shall be granted that would result in a use otherwise not permitted in the zone district in which the subject property is situated. (Ord. 848, 8-17-2009)
B. Required Showings, Title 12 Variances: Before any variance may be granted, it shall be shown:
1. Strict application of the bulk, dimensional or performance standards set forth in this title precludes or significantly interferes with a reasonable use of the property not otherwise prohibited.
2. Need for the variance is directly related to the property, and is the result of unique conditions such as irregular lot shape, size, or natural features and the application of the zoning regulations and not, for example, from deed restrictions or the applicant's own actions.
3. The design of the project is compatible with other permitted activities in the area and will not cause adverse effects to adjacent properties.
4. The requested variance does not constitute a grant of special privilege not enjoyed by other properties in the area, and is the minimum necessary to afford relief.
5. The public interest will not suffer any substantial detrimental effect.
6. To grant a variance from the city's design requirements in title 12, chapter 10 of this code for additions or modifications to existing nonresidential buildings that do not conform to the design requirements, the hearing examiner must also take the following into consideration:
a. The hearing examiner must make an affirmative finding that a strict enforcement of the design requirements would result in a building appearance or site condition substantially incompatible with the existing building.
b. No variance from the city's design requirements shall be granted to any nonconforming use.
c. No variance from the city's design requirements shall be granted to any structure that is in violation of any bulk, density, or setback standard.
d. No variance from the city's design requirements shall be granted for accessory structures on a single property.
e. Any proposed addition shall contain at least one common wall to the existing structure.
7. No variance from the city's design requirements shall be granted if:
a. For buildings with an existing floor of one thousand (1,000) square feet or less, the addition exceeds five hundred (500) square feet; or
b. For buildings with an existing floor area greater than one thousand (1,000) square feet, the proposed addition is greater than fifty percent (50%) of the existing building. (Ord. 919, 8-3-2015)
C. Procedure For Approval, Title 12 Variances:
1. Application: A request for a variance may be initiated by a property owner or his/her authorized agent by filing an application with the city on forms prescribed by the city. The application shall be accompanied by a site plan, drawn to scale, showing the dimensions and arrangement of the proposed development and its relationship to the surrounding property, building elevations and floor plans if applicable, and a written narrative describing the development standards from which relief is requested, the extent of the requested relief, and a statement of how the applicant believes the standards of subsection B of this section are met. Each application shall be accompanied by a receipt indicating payment of fees, as established by the city council.
2. Notice Of Application: Notice of application shall be provided as set forth in section 11-2C-9 of this chapter.
3. Public Hearing: Before a request for a variance is acted upon, it shall be considered at a public hearing.
4. Notice Of Public Hearing: Notice of public hearing shall be provided as set forth in section 11-2C-11 of this chapter.
5. Recess Of Hearing: The hearing examiner may recess a hearing on a request for a variance in order to obtain additional information. Upon recessing for this purpose, the hearing examiner shall announce the time and date when the hearing will be resumed.
6. Final Action:
a. The hearing examiner shall cause written notification of his action to be mailed to the applicant for a variance within ten (10) days after the decision has been rendered.
b. The applicant or any other aggrieved party with standing in the matter may appeal the decision of the hearing examiner to city council in accordance with the provisions of section 11-2C-14 of this chapter.
D. Hearing Examiner Authority, Title 10 Variances: The hearing examiner shall have authority to grant a variance from provisions of title 10, chapter 4, "Flood Damage Prevention", pursuant to section 10-4-14 of this code. (Ord. 848, 8-17-2009)