The purpose and intent of the provisions for variations is to establish a means of varying the requirements of this title in harmony with its purpose and intent.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.70.010)

The planning and zoning commission shall have the authority to grant variations from the requirements and regulations of this title, but not including authorized land use variations pursuant to section 19.10.500, only in the instances specified in each chapter and subject to the provisions of this chapter. The authority to grant variations shall be sparingly exercised.

(Ord. No. G4-12, 2012; Code 1976, § 19.70.020)

The granting of a variation shall be contingent on the extent to which affirmative findings are made with respect to each of the following standards:

A.

General standards. The planning and zoning commission shall not vary the provisions of this title as authorized in this chapter unless the commission has made favorable findings based on evidence presented at a public hearing for each of the following general standards:

1.

Extraordinary conditions. That the variation should be based on the existence of extraordinary or exceptional conditions, difficulties, or hardships which render the strict application of the requirements of this title unreasonable.

The extraordinary conditions should distinguish the property from other properties that will remain subject to the standard requirements of the same zoning district. More specifically, variations shall not be granted in lieu of an acceptable text amendment, which would benefit other property that otherwise would remain subject to the standard requirements of the same zoning district.

2.

Character of the surrounding area. That the variation, if granted, should maintain the essential character of the surrounding area.

B.

Additional standards. For the purpose of supplementing the general standards, the planning and zoning commission shall also determine the extent to which favorable findings have been established by the evidence presented at a public hearing for each of the following additional standards:

1.

Mere inconvenience. That the subject property features particular physical surroundings, size, shape, or topographical conditions which bring a particular hardship on the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations are applied.

2.

Reasonable return. That the variation will provide the subject property with a reasonable return, which would not be possible if the property were permitted to be used only in compliance with the regulations of the zoning district in which it is located.

3.

Greater economic return. That the variation is based on conditions, difficulties, or hardships that do not involve only a desire to make a greater economic return from the subject property.

4.

Creation of extraordinary conditions. That the variation is based on a condition, difficulty, or hardship created by a person previously having an economic interest in the property or by circumstances which occurred prior to the current ownership of the property.

5.

Impact on the surrounding area. That the variation should have no effect on or should promote the adequate supply of light and air to adjacent property, should have no effect on or should decrease the danger of fire, should protect the public safety, and should have no effect on or should enhance other property or improvements in the surrounding area.

6.

Minimum adjustment. That the variation shall be the minimum adjustment necessary for the reasonable use of the land.

7.

Historic preservation. Where applicable, that the variation shall make possible an efficient contemporary use of, or a compatible improvement to a designated landmark or property located in a designated historic district while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values to a historic preservation plan and subject to the provisions of title 20.

(Ord. No. G4-12, 2012; Ord. No. G66-94, § 1, 1994; Ord. No. G45-92, § 2, 1992; Code 1976, § 19.70.030)

Variations from the requirements and regulations of this title shall be limited to those certain instances specified in each chapter.

(Ord. No. G45-92, § 2, 1992; Code 1976, § 19.70.040)

An application for a variation shall include the following documents:

A.

Application form. Applications shall be made on forms provided by the community development department.

B.

Statement of purpose and conformance. A specific written statement addressing the nature of and the reasons for the proposed variation and demonstrating conformance to the standards for variations.

C.

Plat of survey. A plat of survey prepared by a land surveyor registered in the state including the subject property's location by range, township, and section, or by other legal description; and the property's total acreage.

D.

Site plan. As may be required by the development administrator, a site plan drawn to scale showing the following information:

1.

Boundary lines of the property that is the subject of the proposed variation, proposed building setback lines indicating the dimensions of each, the exact location of all existing buildings and structures to remain and proposed buildings and structures indicating dimensions, and the exact location of existing and proposed off-street parking and loading facilities including approaches, driveways, aisles, stalls, berths, and setbacks indicating dimensions.

2.

A graphic engineering scale not less than one (1) inch equals fifty (50) feet, a north point designated as north, and the date of preparation of the original and any revisions to the site plan.

E.

Consent and disclosure.

1.

The written consent of the owner or owners authorized representative.

2.

For applications filed by a corporation or a partnership, the names, addresses, and telephone numbers of all officers.

3.

For applications where the subject property is held in a trust, the names, addresses, telephone numbers, and the beneficial interest of each beneficiary.

4.

If the applicant is not the owner of record, a copy of the contract option, or an explanation of the proprietary interest.

(Ord. No. G6-15, 2015; Ord. No. G45-92, § 2, 1992; Code 1976, § 19.70.050)

A.

Initiation. Application for a variation may be initiated by direction of the city council, the planning and zoning commission, or the development administrator. Application for a variation may also be initiated by the owner of the property described in the application, the contract purchaser of such property, the option holder, or by such persons with a substantial proprietary interest in the property to be considered, but only with the written consent of the owner or owners authorized representative.

B.

Terms. No more than one (1) application for a variation on the same property shall be accepted within a twelve (12) month period commencing on the date of the original application unless the development administrator determines that it has substantially changed from the application previously considered.

(Ord. No. G4-12, 2012; Ord. No. G45-92, § 2, 1992; Code 1976, § 19.70.060)

A.

Development administrator. The applicant shall submit one (1) copy of the required documents with the required fees to the development administrator. The development administrator shall review the application, publish notice of the public hearing date as provided by statute, and forward the application, and the written findings and recommendations of the community development department to the planning and zoning commission. The applicant shall submit additional copies of the required documents as required by the development administrator.

B.

Planning and zoning commission. The planning and zoning commission shall hold a public hearing pertaining to the application of which there shall be taken an accurate verbatim account in transcript form. The planning and zoning commission may grant the variation. If the planning and zoning commission does not approve the application as described within this subsection B within twelve (12) months of the close of the public hearing, the application shall be considered denied.

(Ord. No. G6-15, 2015; Code 1976, § 19.70.070)

A.

Findings and decision. The planning and zoning commission's decision shall be contained within a written findings and decision, which shall set forth with particularity the extent to which the application conforms to the standards for variations.

B.

Conditions of approval. The planning and zoning commission may require such conditions and restrictions on the property benefited by a variation as may be deemed necessary to meet the standards for variations, and to promote the purpose and intent of this title and chapter.

The approval of all variations shall be subject to the condition that the variation is specifically mitigated by an equivalent, but more restrictive application of one (1) or more of the site design regulations of the zoning district in which the property benefited by the variation is located.

(Ord. No. G4-12, 2012; Ord. No. G66-94, § 1, 1994; Ord. No. G45-92, § 2, 1992; Code 1976, § 19.70.080)