1-15-6: VARIANCE PROCEDURE:

   A.   Definition And Purpose: A "variance" is an adjustment or special exception made in the application of the regulations set forth in this Code to a particular lot which, because of special circumstances, may be deprived of privileges commonly enjoyed by other lots in the same zone or vicinity. Among other things, it can be a modification of requirements with respect to fences and walls; lot size and shape; lot coverage; width; setbacks; parking spaces; height; or other provision affecting the size or shape of structure or the placement of structures upon lots.

   B.   Public Hearing: Notice and an opportunity to be heard shall be provided to owners within three hundred feet (300') of the boundaries of the subject property.

   C.   Action: After notice and hearing, the commission may approve, conditionally approve or deny a variance application. Whenever the commission approves or denies a variance, it shall specify in writing: 1) the ordinance and standards used in evaluating the application; 2) the reasons for approval or denial; and 3) if denied, the actions, if any, that the applicant can take to obtain approval. The commission shall make a decision within thirty (30) days of the conclusion of the public hearing. The commission shall make findings regarding the following:

      1.   That literal interpretation and enforcement of the regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of the zoning ordinance. Hardships must result from special site characteristics relating to size, shape or dimensions of a site or the location of existing structures thereon; from geographic, topographic or other physical conditions; or from population densities, road locations or traffic conditions.

      2.   That there are extraordinary site characteristics applicable to the property involved or intended use of the property which do not apply generally to other properties classified in the same zoning district.

      3.   That literal interpretation and enforcement of the regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district.

      4.   That the granting of the variance will not constitute a grant or special privilege inconsistent with the limitations on other properties classified in the same zoning district.

      5.   That the granting of the variance will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.

   D.   Conditions: Upon granting a variance, conditions may be attached to:

      1.   Minimize adverse impact on other development;

      2.   Control the sequence and timing of construction;

      3.   Control the duration of the variance;

      4.   Assure that development is maintained properly;

      5.   Designate the exact location and nature of development or construction;

      6.   Require the provision for on site or off site public facilities or services;

      7.   Require more restrictive standards than those generally required in an ordinance;

      8.   Require mitigation of effects of the proposed development upon service delivery by any political subdivision, including school districts, providing services within the planning jurisdiction.

   E.   Appeal: An affected person aggrieved by the commission decision may, within fifteen (15) days of the written commission decision, file a written appeal with the City, along with a nonrefundable fee. The Council shall consider the appeal at a noticed public hearing and may approve, approve with conditions or deny the application. (Ord. 551, 4-15-2015; amd. Ord. 609, 7-3-2018)