The city council has the authority to grant such variances as it deems in the best interest of the citizens of the city after receiving recommendations from the planning and zoning commission as provided below, except for the land use districts and concurrency requirements specified within this Code.

(Code 1987, § 20-231; Ord. No. 695, § 12, 1-6-1992)

Anyone desiring a variance to the land development code shall file a petition requesting the variance, and the petition shall contain the following information:

(1)

The name and address of the petitioner.

(2)

The name and address of the owner of the property for which the variance is being requested.

(3)

The legal description and street address of the property for which the variance is requested.

(4)

The present zoning classification of the property.

(5)

The type of variance that is being requested.

(6)

The reason the variance is wanted and needed.

(7)

The proposed use of the property.

(8)

The names and addresses of the owners of properties within the city limits which lie within 300 feet of the property for which the variance is requested.

(Code 1987, § 20-232; Ord. No. 695, § 12, 1-6-1992; Ord. No. 771, § 19, 4-8-1997)

The petition shall then be presented to the building inspector who shall review the petition to determine that it is in its proper form. If the building inspector determines that the petition is in proper form, the building inspector shall present the petition to the planning and zoning commission, who shall review the petition within 30 days from the day it is received by the building inspector.

(Code 1987, § 20-233; Ord. No. 695, § 12, 1-6-1992)

(a)

The planning and zoning commission shall review the petition and present its recommendation in writing concerning the request to the building inspector.

(b)

In considering variances to the land development code, the planning and zoning commission shall, before making a decision in a specific case, first determine:

(1)

That the proposed variation does not constitute a change in the districts shown on the zoning map;

(2)

That the proposed variation will not significantly increase congestion in the public streets nor impair the public safety;

(3)

That the proposed variation will not impair the established values of property in the surrounding area;

(4)

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 zoning district;

(5)

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

(6)

That granting the variance requested will not confer on the applicant any special privilege that is denied by the Code to other lands, buildings or structures in the same zoning district;

(7)

That literal interpretation of the provisions of the Code would deprive the applicant of rights commonly enjoyed by others in the same zoning district under the terms of the Code and would work unnecessary and undue hardship on the applicant;

(8)

That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure;

(9)

That the grant of the variance will be in harmony with the general intent and purpose of the Code and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(Code 1987, § 20-234; Ord. No. 695, § 12, 1-6-1992)

(a)

Upon receipt of the planning and zoning commission's recommendation by the building inspector, the building inspector shall cause a copy of the petition to be mailed to those entitled to a copy and shall notify those persons of the date on which the city council shall consider the requested variance. A copy of the petition and notice of hearing on the petition shall be mailed ten days prior to the date of the hearing. A copy of the petition and notice of hearing shall be kept available for public inspection during regular business hours at the office of the city clerk. In addition to the notification by mail, the clerk shall have published in a newspaper of general paid circulation in the county a notice that contains the following:

(1)

A legal description and street address of the property for which the variance is being requested.

(2)

The type of variance that is being requested.

(3)

The date, time and place at which the hearing on the variance will be held.

(b)

In considering variances to the land development code, the city council shall, before making a decision in a specific case, first determine:

(1)

That the proposed variation does not constitute a change in the districts shown on the zoning map;

(2)

That the proposed variation will not significantly increase congestion in the public streets nor impair the public safety;

(3)

That the proposed variation will not impair the established values of property in the surrounding area;

(4)

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 zoning district;

(5)

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

(6)

That granting the variance requested will not confer on the applicant any special privilege that is denied by the Code to other lands, buildings or structures in the same zoning district;

(7)

That literal interpretation of the provisions of the Code would deprive the applicant of rights commonly enjoyed by others in the same zoning district under the terms of the Code and would work unnecessary and undue hardship on the applicant;

(8)

That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure;

(9)

That the grant of the variance will be in harmony with the general intent and purpose of the Code and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(Code 1987, § 20-235; Ord. No. 695, § 12, 1-6-1992; Ord. No. 771, § 20, 4-8-1997)

The person filing the petition for a variance shall be responsible for all publication and postage cost and shall in addition thereto pay a fee to cover administrative costs, as set by the city council.

(Code 1987, § 20-236; Ord. No. 695, § 12, 1-6-1992)

Variances shall expire six months after they are granted unless a building permit is granted within that period, based upon the variance.

(Code 1987, § 20-237; Ord. No. 695, § 12, 1-6-1992)