8-7-4-2: VARIANCES:

   A.   Authority To Grant Variances: The council may authorize, in specific cases, such variance from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title would result in unnecessary hardship. No nonconforming use of neighboring lands, structures or buildings in the same district and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this title would result in unnecessary hardship.

   B.   Application And Standards For Variance: A variance from the terms of this title shall not be granted by the council unless and until a written application for a variance is submitted to the administrator and the council containing:

      1.   Name, address and phone number of applicant(s);

      2.   Legal description of property;

      3.   Description of nature of variance requested; and

      4.   A narrative statement demonstrating that the requested variance conforms to the following standards:

         a.   That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district;

         b.   That a literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title;

         c.   That special conditions and circumstances do not result from the actions of the applicant; and

         d.   That granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures or buildings in the same district.

A variance shall not be granted unless the council makes specific findings of the fact based directly on the particular evidence presented to it which support conclusions that the above mentioned standards and conditions have been met by the applicant. (Ord. 40, 10-1978, rev. 9-1980)