The board of councilmen may, in appropriate cases and under appropriate conditions and safeguards, vary the strict application of this title in harmony with its general purposes and intent, in accordance with rules and conditions set forth herein, by granting variances under provisions of this title.

Any person who appeals to the board of councilmen as provided by law, shall present written notice of such appeal to be known as "Application for Variance", to the city clerk. Applications for variance shall be made on forms furnished by the city, and shall be verified by the owner of the lot or parcel concerned in the application. (Ord. 64, 11-17-1971)

Each application for variance shall be accompanied by a fee in an amount established by a schedule adopted by resolution of the board of councilmen and filed in the office of the city clerk, to defray the cost and expenses incidental to the reviewing and reporting of the facts. (Ord. 152, 1-14-1987, eff. 1-21-1987)

An application for variance shall set forth the following facts and exhibits to be maintained in the permanent files of the city council:

   (A)   The provisions or regulations of this title from which the property or building is sought to be excepted.

   (B)   Ground plans showing the location of all existing or proposed buildings, and elevations of all proposed buildings or alterations to buildings in sufficient detail to meet the requirements of the city council.

The city council shall hold a public hearing upon each properly submitted application for variance. Such hearing shall be held not earlier than thirty (30) days following the date of filing of such application and the applicant shall be notified of the date and time of such hearing. The council shall cause to be sent to each owner of property within a radius of three hundred feet (300') of the exterior boundary of the lot or parcel of land described in such application, notice of the time and place of the hearing, a description of the property involved, and the provisions of this title from which a variance is sought. Said notice shall be mailed at least twenty (20) days before date of hearing. A copy of said notice shall likewise be published once, at least twenty (20) days before date of hearing, in a newspaper of general circulation published in the city of Elko. For the purposes of this title, "property owner" shall mean owner shown upon the latest assessment rolls of Elko County. (Ord. 64, 11-17-1971)

The applicant shall present adequate evidence to the city council showing:

   (A)   That there are special circumstances or conditions applying to the property under consideration, which make strict compliance with the provisions of this title difficult, and that such circumstances and conditions impose a unique hardship on said property.

   (B)   That such circumstances or conditions do not apply generally to other properties in the same zone.

   (C)   That the granting of the variance is necessary to do substantial justice to the applicant for variance or the owner of the property under consideration.

   (D)   That the granting of the variance will not result in material damage or prejudice to other properties in the vicinity, nor be detrimental to the public health, safety or welfare.

The city council shall hear and consider evidence and facts from any person present at the public hearing, or shall consider written communication from any person relative to the granting of a variance. The right of any person to present such evidence shall not be denied for the reason that such person was not required by this title to be informed of such public hearing. The mayor, or the council vice president, may administer oaths and compel attendance of witnesses. (Ord. 64, 11-17-1971)

The mayor shall cause to be made an investigation of the facts bearing on any application for variance sufficient to assure that the action taken on each variance is consistent with the intent and purpose of this title.

Within thirty (30) days from the conclusion of the public hearing, the council shall render its decision. If, in the opinion of the council, the necessary facts and conditions as set forth hereinabove apply in fact to the property referred to in the application for variance, the council shall grant the variance. If such facts and conditions do not apply, the council shall deny the application. (Ord. 64, 11-17-1971)

The city council in granting a variance may establish conditions under which a lot or parcel of land may be used, or a building constructed or altered; or make requirements as to architecture, height of buildings, open spaces, parking area and conditions of operation of any enterprise, or make any requirements that the council may consider necessary to prevent damage or prejudice to adjacent properties or detriment to the city. (Ord. 64, 11-17-1971)

The city shall inform the building official in writing of its decision and of any conditions precedent to the granting of a variance, such notice is to be presented to the building official immediately after decision rendered.

Any restrictions or conditions required by the council in the granting of any variance must be complied with. Violation of such conditions or requirements shall result in revocation of the permission granted to so use the property, and further use of the property or maintenance of any building constructed thereon by authority of such variance shall constitute a violation of this title.

Each variance granted under the provisions of this title shall become null and void unless:

   (A)   The construction authorized by such variance has been commenced within one hundred eighty (180) days after the granting of such variance and pursued diligently to completion; or

   (B)   The occupancy of land or buildings authorized by such variance has taken place within ninety (90) days after the granting of such variance. (Ord. 64, 11-17-1971)