§ 157.09 VARIANCE.
   (A)   Requests for variances from the provisions of this chapter may be made through the city’s Planning and Zoning Commission.
   (B)   All such requests shall be fully documented and include a specific justification as to why the request for variance is unique and why approval of the variance would not set a precedent for other such requests.
   (C)   Applicants requesting a variance must demonstrate undue hardship caused by unique circumstances of the property making it impossible to literally comply with the standards of this chapter. Financial concerns alone do not comprise a hardship under this chapter.
   (D)   In considering requests for variance, the Planning and Zoning Commission shall consider the following criteria:
      (1)   The degree to which compliance with this chapter will cause undue hardship for the applicant; and
      (2)   The degree to which the requested variance will result in a non-compliant fixture; and
      (3)   The amount of time the requested variance will be in effect before the fixture comes into compliance with this chapter; and
      (4)   The degree to which approval of the variance would create expectations for other such requests; and
      (5)   The effect the variance might have on efforts by the city to attain and/or retain recognition as a Dark Sky Community or other similar designations.
(Ord. 2022-08-04, passed 8-4-2022)