A qualified applicant may apply for a variance permit. The application form for a variance shall include (unless otherwise directed by the Community Development Director), a statement of the reasons for and justification of the requested variance; a plot plan drawn to scale indicating dimensions and area of the subject property; locations of existing and proposed improvements on the subject property (if appropriate); and any other information necessary to adequately describe the variance request.

(Ord. 325, 1996)

Handling and review of a variance permit application shall be in the manner as specified in Chapter 17.64 of this Title.

(Ord. 325, 1996)

In an application for a variance, which is an application to modify zoning regulations as they pertain to lot area, lot coverage, average lot width, lot depth, front setback, side setback, rear setback, parking space, loading space, building or structure height, or any other regulation pertaining to the size, dimension, shape or design of a lot, parcel, building or structure, or the placement of a building or structure on a lot or parcel, the Planning Commission (or the City Council on appeal) shall find the following before approval of any application is given:

A.

That any variance authorized shall not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and the same respective land use district in which the subject property is located;

B.

That because of special circumstances applicable to the subject property because of its size, shape, topography, location or surroundings, the strict application of the respective zoning regulations is found to deprive the subject property of rights enjoyed by other properties in the vicinity and within the identical land use district;

C.

That any variance authorized shall substantially meet the intent and purpose of the respective land use district in which the subject property is located.

(Ord. 325, 1996; Ord. 375, 2004; Ord. 408, 2007)