(A) Authority. The city may consider and grant variances to the provisions of this section when it finds that this section imposes unusual hardship to the subdivider in the use of his or her land. Unusual hardship includes, but is not limited to, inadequate access to direct sunlight for solar energy systems.
(C) Criteria. A variance may be granted only if the City Council finds that all of the following circumstances exist:
(1) The variance is in harmony with the general purposes and intent of the code;
(2) The variance is consistent with the comprehensive plan;
(3) The subdivider proposes to use the property in a reasonable manner not permitted by this
code;
(4) Unique circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owner of the property has had no control. That the unique circumstances do not result from the actions of the subdivider;
(5) The variance does not alter the essential character of the neighborhood; and
(6) Economic conditions alone do not constitute unusual hardship.
(D) Conditions. The city may impose such conditions upon the premises benefitted by the variance as may be necessary to comply with the standards established by this chapter or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance. The condition must be directly related to and must bear a rough proportionality to the impact created by the variance.
(Ord. 2007-01, passed 2-7-2007; Ord. 2011-09, passed - -2011; Ord. 20210317-01, passed 3-17-2021)