The city council may authorize in specific cases such variance from the terms of this title as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this title would result in unnecessary hardship because of the physical characteristics of the site. No nonconforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this title would result in unnecessary hardship not created by the property owner. Variances can be granted for a modification of the requirements of this title as to the lot size, lot coverage, width, depth, front yard, side yard, rear yard, setbacks, parking space, height of buildings, or other title provisions affecting the size or shape of a structure or the placement of the structure upon lots. (Ord. 146, 9-22-2016)

A variance from the terms of this title shall be processed in accordance with section 12-3-12 of this title. An application for variance shall include, but is not limited to, the following items:

   A.   Applicant Information: Name, address and telephone number of applicant(s);

   B.   Legal Description: Legal description of the property;

   C.   Description Of Variance Requested: Description of nature of variance requested, including a narrative explaining how:

      1.   Special conditions and circumstances exist that are peculiar to the land, are not applicable to other lands, structures or buildings in the same district;

      2.   A literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title;

      3.   Special conditions and circumstances do not result from actions of the applicant; and

      4.   Granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures or buildings in the same district;

   D.   Site Plan/Plot Plan: A site plan/plot plan, drawn to a readable scale, containing and showing the following information:

      1.   Dimensions of all property under review;

      2.   Location of the present building on the subject property (applicants) with the dimensions of the front, side and rear yards;

      3.   Dimensions of all other buildings or structures on subject property;

      4.   Location of any proposed building or structures on the proposed extension, expansion or relocation of a building or structure on the property;

      5.   Location of the buildings on adjacent lots, giving the depth of the front, rear and side yards, showing all dimensions;

      6.   The existing use of each building or structure and the proposed use of the existing or new building;

      7.   The name and location of all streets and alleys;

      8.   The location and arrangement of all parking facilities;

      9.   A landscaping plan, showing how the project will be landscaped, placement of trees, shrubs, lawns and other ground cover;

      10.   Location of fencing, garages, driveways, sidewalks, water lines, sewer lines and other utility improvements. (Ord. 146, 9-22-2016)

A variance shall not be granted unless the city council makes specific written findings of fact based directly on the particular evidence presented to it which supports all of the following conclusions:

   A.   Special Conditions And Circumstances: Special conditions and circumstances exist that are peculiar to the land, structures, or buildings in the same district;

   B.   Applicant Deprived Of Common Rights: A literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title;

   C.   Applicant Actions: Special conditions and circumstances do not result from actions of the applicant;

   D.   Special Privileges: Granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures or buildings in the same district; and

   E.   Public Interest Conflict: Granting the variance is not in conflict with the public interest. (Ord. 146, 9-22-2016)

Under no circumstances shall the city council grant a variance to allow a use not permissible under the terms of this title in the district involved, or any use expressly or by implication prohibited by the terms of this title in said district. In granting any variance, the city council may prescribe appropriate conditions and safeguards in conformity with this title. Violation of such conditions and safeguards, when made a part of the terms under which a variance is granted, shall be deemed a violation of this title. (Ord. 146, 9-22-2016)

An application for variance shall proceed consistent with the public hearing, noticing and decision making procedures, as set forth in chapter 3 of this title. (Ord. 146, 9-22-2016)

The administrator shall provide the applicant with written notice of the action on the request pursuant to section 12-3-12 of this title. The variance shall be valid for two (2) years from the date of the written decision unless an extension, not to exceed two (2) years, is granted by the city council prior to the expiration of the variance. Unless approved application conditions are completed within said time frame, application approval shall expire. (Ord. 146, 9-22-2016)