The purpose of the variance is to establish a procedure which would lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of these zoning regulations as would result from a strict or literal interpretation and enforcement of certain of the regulations prescribed by this title. A practical difficulty or unnecessary physical hardship relating to property may result from its size, shape or dimensions, or the location of existing structures thereon, from geographic, topographic or other physical conditions on the property or in the immediate vicinity, or from population densities, street locations or traffic conditions in the immediate vicinity.

(Ord. 1321, 2-13-2007, eff. 3-7-2007)

The appointed members of the planning commission shall have the authority, as an administrative or judicial act, subject to the provisions of this title, to grant or deny, upon such conditions as it may determine, such variances and permits as herein set forth from the provisions of this title as may be in harmony with its general purpose and intent, so that the spirit of this title shall be observed, public safety and welfare secured and substantial justice done.

(Ord. 1321, 2-13-2007, eff. 3-7-2007)

A.

In no case shall a variance be granted to permit a use other than a use permitted in that zoning district.

B.

No variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone, or which is contrary to the public interest.

(Ord. 1321, 2-13-2007, eff. 3-7-2007)

Before a variance is granted, it shall be shown that:

A.

There are exceptional or extraordinary circumstances or conditions applicable to the property or to its intended use that do not apply generally to the other property or classes of use in the same vicinity and zone.

B.

Such variance is necessary for the preservation and enjoyment of a substantial property right, possessed by other property in the same vicinity and zone, but which is denied to the property in question.

C.

The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located.

D.

The granting of such variance will not adversely affect, or be contrary to, the comprehensive plan.

E.

The conditions or situations of the specific piece of property, or the intended use of said property for which the variance is sought, is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation of such conditions or situations.

(Ord. 1321, 2-13-2007, eff. 3-7-2007)

Upon receipt of the necessary fee and a complete and verified application, the community development director shall set the time and place for the public hearing. Notices and hearing shall be held in accordance with the procedures and requirements as set forth in chapter 35 of this title, except as otherwise provided in section 11-32-13 of this chapter.

(Ord. 1321, 2-13-2007, eff. 3-7-2007)

A.

The appointed members of the planning commission may cause to be made such investigation of facts bearing on the application as will provide the necessary information to assure that the action on each such application is consistent with the intent and purpose of this title.

B.

Within thirty (30) days from the date of hearing on such application, the planning commission shall, unless it adopts a motion for another public hearing or continuance thereon, make its findings and determination.

C.

A written report of the decision of the planning commission shall be forwarded to the applicant and filed with the city council within five (5) days after the commission has reached a decision.

(Ord. 1321, 2-13-2007, eff. 3-7-2007)

Subject to the provisions as set forth in chapter 35 of this title.

(Ord. 1321, 2-13-2007, eff. 3-7-2007)

Subject to the provisions as set forth in chapter 35 of this title.

(Ord. 1321, 2-13-2007, eff. 3-7-2007)

Subject to the provisions as set forth in chapter 34 of this title.

(Ord. 1321, 2-13-2007, eff. 3-7-2007)

Subject to the provisions as set forth in chapter 35 of this title.

(Ord. 1321, 2-13-2007, eff. 3-7-2007)

Subject to the provisions as set forth in chapter 35 of this title.

(Ord. 1321, 2-13-2007, eff. 3-7-2007)

Subject to the provisions as set forth in chapter 35 of this title.

(Ord. 1321, 2-13-2007, eff. 3-7-2007)

Notwithstanding any other provision of this chapter, the building official may administratively act on the following:

A.

Buildings.

1.

Variance. Permit administrative variances, not to exceed ten percent (10%) of the original requirements as to height, area, width and depth, for an encroachment into the side yard or rear yard for an improvement to a building which was constructed at least two (2) years prior to the date of the administrative variance application.

2.

Conditions. The administrative variance shall be permitted provided the requested adjustment eliminates an unnecessary inconvenience to the applicant relative to the existing configuration of the building or to the shape or topography of the property, and will have no appreciable adverse impact on the health, safety or general welfare of the surrounding property owners or the general public.

B.

Residential Fences And Walls.

1.

Variance. Permit administrative variances, not to exceed six feet (6') in overall height within required front yards, or eight feet (8') in overall height within other yards, inclusive of decorative features such as lights or finials. These overall heights include retaining walls where such walls are adjacent to a public street. Walls or fences above retaining walls within a required front yard shall have the top two feet (2') at least fifty percent (50%) open. All fences and walls shall also comply with section 11-20-5, "Sight Visibility Zones", of this title.

2.

Conditions. The administrative variance shall be permitted provided the requested adjustment eliminates an unnecessary inconvenience to the applicant relative to the topography of the property, and will have no appreciable adverse impact on the health, safety or general welfare of the surrounding property owners or the general public, and the applicant has submitted sufficient topographic drawings and notarized letters of consent from owners of developed properties abutting the affected property lines.

C.

Approval. For all administrative variances, it is the applicant's and/or property owner's responsibility to obtain approval from any applicable homeowners' association review board.

D.

Appeal. In the event the applicant is dissatisfied with the order, requirement, decision or determination made by the building official, or his authorized representative, an appeal may be made to the planning commission in accordance with the provisions of chapter 34 of this title.

(Ord. 1321, 2-13-2007, eff. 3-7-2007)