11-2-16: VARIANCES:
Where there are unnecessary hardships because of the characteristics of the site, Council may grant a variance modifying the requirements of this chapter as to lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, and other ordinance provisions affecting the size or shape of a structure or the placement of a structure upon lots, or the size of lots. The Council shall seek the advice and recommendations of the commission prior to granting or denying a variance. Prior to making its recommendations to Council, the commission shall hold at least one public hearing in which all interested persons shall have an opportunity to be heard. Prior to granting a variance, Council may hold at least one public hearing in which all interested persons shall have an opportunity to be heard at least fifteen (15) days prior to all public hearings, notice of the time and place, and a detailed description of the variance, shall be published in the official newspaper of general circulation within the City and the impact area. Written notice shall also be provided to property owners and residents within the land being considered, within three hundred feet (300') of the external boundaries of the land being considered, and within any additional area that may be substantially impacted by the proposed variance. A variance shall not be considered a right or special privilege and may be granted only upon a showing of undue hardship because of the characteristics of the site and upon a showing that the variance is not in conflict with the public interest. (Ord. 797, 2-13-2018)