(a)

The code enforcement board acting as a board of adjustment shall have the power to grant adjustment of, and permit variances in the application of any provision of this code, except for the sections dealing with uses permitted. Such variances shall be granted where no adjoining property rights are interfered with, under the conditions herein provided. The board may also issue conditional permits as provided by this code and in addition thereto for the following purposes:

(1)

Use of a lot or lots for temporary field sales or construction office during specified periods of time, provided a map of said subdivision has been approved by the community development manager. Plans for any such temporary building shall also require approval of the community development manager.

(2)

Extension of a zone when its boundary splits a privately owned lot to the nearest established land line.

(3)

Variation, the purpose of which is to conform to front line requirements of the rest of the block, to allow a reduction in the minimum lot area requirement or setbacks where the shape of the building lot or location of existing nearby buildings justifies such variance. In no case shall such variance provide less than 40 feet of frontage on a street.

(4)

Special temporary permits for temporary stands, landing fields, public buildings or structures for temporary refuse dumps, temporary use of a trailer, etc.

(a)

No variance from the terms of the zoning code shall be authorized by the board of adjustment unless the board finds that all of the following facts and conditions exist:

(1)

That there are unique and special circumstances or conditions applying to the property in question, or the intended use of the property, that do not apply generally to other properties in the same district.

(2)

That any alleged hardship is not self-created by any person having an interest in the property nor is the result of mere disregard for or ignorance of the provisions of the zoning code.

(3)

That strict application of the provisions of the zoning code would deprive the applicant of reasonable use of the property for which the variance is sought.

(4)

That the variance proposed is the minimum variance which makes possible the reasonable use of the property.

(5)

That the sole reason for the request for variance is not real or alleged monetary gain or loss.

The board of adjustment may place any reasonable limitation or special condition upon the property which in their judgment will protect the neighborhood in which the variance is granted.

Each variance shall state a time limit for the fulfillment of the conditions governing its issue and shall be revocable where said conditions are not met.

No variance shall be granted until after the board of adjustment shall hold a public hearing. Notice of said public hearing shall be placed in a newspaper of general circulation at least 15 days prior to the date of public hearing. In addition, notice in writing shall be given to the persons owning property, as listed in the tax rolls, within 300 feet of the property in question.

If the application involves a specific piece of property, one public notice per road facing shall be posted conspicuously on the property affected and in two public places, as well as the city web site, at least 15 calendar days prior to the date of the scheduled hearing. The cost of printing and posting the notice will be charged to the petitioners as per the city fee schedule.

All notices referenced in the above paragraph shall include:

(a)

A statement describing what action has been requested;

(b)

The name of the owner(s) of the property subject to the application or petition;

(c)

That a public hearing will be held by the Planning and Zoning Commission;

(d)

The date, time, and location of the hearing;

(e)

That the public is invited to attend the hearing and make comment orally or in writing; and

(f)

The location and times during which an interested party may inspect the application or petition.

(Ord. No. 2020-02, § 2, 3-9-2020)

(a)

Upon application for a variance, special exception or zoning change, the applicant shall pay a fee in accordance with any fee schedules adopted by the city. These fees shall be used for the defraying of cost of publication and administration.

(b)

Upon application of an amendment to the comprehensive plan of the city, the applicant shall pay a fee in accordance with any fee schedule adopted by the city plus any publication costs of the city.