A. Purpose: The purpose of this section is to provide a means of altering the requirements of this title in specific instances where the strict application of those requirements would deprive a property of privileges enjoyed by other properties within the identical regulatory zone because of special features or constraints unique to the property involved.
B. Granting Of Variances: The city shall have the authority to grant a variance from the provisions of this title, when, in the judgment of the hearing examiner, the conditions as set forth in subsection C of this section have been found to exist. In such cases a variance may be granted which is in harmony with the general purpose and intent of this title so that the spirit of this title shall be observed, public safety and welfare secured, and substantial justice done.
C. Decision Criteria: Before any variance may be granted, it shall be shown:
1. That there are special circumstances applicable to the subject property or to the intended use such as shape, topography, location, or surroundings that do not apply generally to the other property or class of use in the same vicinity and zone;
2. That such variance is necessary for the preservation and enjoyment of a substantial property right or use possessed by other property in the same vicinity and zone but which because of special circumstances is denied to the property in question;
3. That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvement in such vicinity and zone in which the subject property is located;
4. That the granting of such variance will not adversely affect the comprehensive plan.
5. That the granting of such variance will not preclude the use of LID BMPs if LID BMPs are feasible for existing site conditions or existing site characteristics.
D. Conditions On Variances: When granting a variance, the hearing examiner shall determine that the circumstances do exist as required by subsection C of this section, and attach specific conditions to the variance which will serve to accomplish the standards, criteria, and policies established by this title.
E. Application: Submittal of an application for a variance shall include:
1. A completed application form.
2. A site plan showing all information relevant to the request including, but not limited to: location of existing and proposed structures, roads, property lines, parking areas, landscaping and buffers.
3. Mailing labels of all property owners as provided in title 15, chapter 7 of this code.
4. A written statement addressing the decision criteria (see subsection C of this section) and any other information required by the city at the preapplication meeting.
(Ord. 792, 7-29-2004; amd. Ord. 889, 9-8-2010; Ord. 2019-1057, 1-8-2020)