A variance to the provisions of this Ordinance shall be considered an exception to the regulations, rather than a right. Whenever a tract to be developed is of such unusual size or shape or is surrounded by development of such unusual conditions that the strict application of the requirements contained in this Ordinance would result in substantial hardship or inequity, the Commission may vary or modify, except as otherwise indicated, such requirement of design as provided for herein, but not of procedure or improvements, so that the developer may improve his/her property in a reasonable manner, but so that, at the same time, the public welfare and interests of the City are protected and the general intent and spirit of this Ordinance, the Master Plan and Zoning Ordinance are preserved in accordance with the following provisions:
(a) Jurisdiction. When a written request for a variance from the design requirements of this Ordinance is filed:
(1) The Commission may approve such written request for variances to the design standards and such variance(s), if granted, shall also be considered to be a modification of the zoning regulations, but not the zoning districts, applicable to the specified property within such development within the City limits; or
(2) Would constitute a major departure from the applicable provisions of this Ordinance for such features as: lot size, setback lines, etc., such variance request shall be considered by the Council in accordance with its powers and procedures as set forth in the Zoning Ordinance, and their decision shall be final; and
(3) After giving notice of such requested variances, the Commission may consider each such variance request during the course and process of considering the application for subdivision plat approval given or granted.
(b) Notification. The notification procedures for variance requests shall be the same as the notification procedures described for a Concept Plan.
(c) Approval. In granting approval of a request for variance, he Commission and Council shall conclude that the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of this Ordinance would result in unnecessary hardship, and so that the variance observes the spirit of this Ordinance and concludes that substantial justice is done. The Commission and Council shall meet these requirements by making findings that:
(1) The public convenience and welfare will be substantially served;
(2) The appropriate use of surrounding property will not be substantially or permanently impaired or diminished;
(3) The applicant has not created the hardship from which relief is sought;
(4) The variance will not confer upon the applicant a special right or privilege not commonly shared or available to the owners of similar and surrounding property;
(5) The hardship from which relief is sought is not solely of an economic nature;
(6) The variance is not contrary to the public interest;
(7) Due to special conditions, the literal enforcement of the ordinance would result in an unnecessary hardship; and
(8) In granting the variance the spirit of the ordinance is observed and substantial justice is done.
(Ord. 2022-002, passed 4-19-2022)