(A) Purpose. In cases where there are practical difficulties or particular hardships in the way of carrying out the strict letter of any of the regulations adopted by the ordinance, the City Council may, by ordinance, determined to vary the application fo such regulations in harmony with their general purpose and intent, and in accordance with the general or specific rules herein contained.
(B) Authority. The Planning and Zoning Commission shall not recommend a variation, and the City Council shall not vary the provisions of the ordinance as authorized in this section, unless findings have been made based upon evidence presented that clearly demonstrates the following:
(1) That the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations governing the district in which it is located.
(2) That the plight of the owner is due to unique circumstances not of its own creation.
(3) That the variation, if granted, will not alter the essential character of the locality.
(C) Extraordinary vote by City Council. Any proposed variation which fails to receive a recommendation for approval from the Planning and Zoning Commission shall not be approved by the City Council except by the favorable vote of two-thirds of the aldermen of the city.
(D) Effect of denial. After a public hearing, no petition shall be resubmitted to the Planning and Zoning Commission for a variation that has been denied wholly or in part by the City Council, for a period of one year from the date of the order of denial, except on the grounds of substantial new evidence or proof of changed conditions found to be valid by the City Council. If the City Council finds that here is substantial new evidence or proof of changed conditions, it shall refer the petition to the Planning and Zoning Commission for a new hearing pursuant to proper legal notice.
(E) Time limit. Any variation granted hereunder shall be subject to termination if no building permit has been issued within one year from the date a variation is approved; provided, however, that upon written application, extensions of not to exceed one year for each extension authorized may be granted by the City Council.
(Ord. 07-13, passed 10-9-07)