6-7-6: REQUEST FOR VARIANCE OR APPEAL:
A person who, either being charged with violation of this chapter or in anticipation of being charged with such violation, desires to request an exception to the application of any provision of this chapter due to extraordinary hardships or practical difficulties, may file an application for a variance or appeal with the city clerk and pay a filing fee as set by resolution of the city council. The application shall state the relief requested and the grounds therefor. As to any citation or notice of violation issued pursuant to this chapter, the application must be filed within seven (7) days after the citation or notice is delivered. Hearing on the application shall be scheduled for a date within thirty (30) days after the application is filed and the fee paid, and it shall be scheduled for no more than twenty (20) minutes in length or, if the applicant requests an extension of time, such additional time as the city council or its designated committee, in its discretion, may deem necessary. If the applicant desires additional time, he or she must request it at least seven (7) days before the scheduled hearing date. A variance shall not have the effect of nullifying the intent and purpose of this chapter. The city council or its designated committee shall consider whether the granting of a variance would be detrimental to the public health, safety or welfare, whether the subject property is characterized by unique conditions, whether the applicant will suffer particular hardship as compared to mere inconvenience if the strict letter of this chapter is carried out, and any other considerations that the city council or its designated committee considers relevant. After such hearing, the city council or its designated committee shall act by simple majority vote, may require such conditions as the council or its committee believes will substantially secure the objectives of this chapter, and shall reduce its decision to writing. The city clerk shall deliver a copy of the decision to the applicant. (Ord. 5398, 4-24-2017)