The commission 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. No nonconforming use of neighboring lands, structures or buildings in the same district and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance unless approved by the commission. 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.

"Variance" is as defined in section 9-1-5 of this title.

(Ord. No. 804, 11-28-1989; Ord. No. 937, 9-13-2001)

A variance from the terms of this title shall not be granted by the commission unless and until a written application for a variance is submitted to the administrator and the commission containing:

A.

Name, address and phone number of applicant(s).

B.

Legal description of property.

C.

Description of nature of variance requested.

D.

A narrative statement demonstrating that the requested variance conforms to the following standards:

1.

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 district.

2.

That 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.

That special conditions and circumstances do not result from the action of the applicant.

4.

That granting the variance requested will not confer on the applicant any special privileges that is denied by this title to other lands, structures or buildings in the same district.

A variance shall not be granted unless the commission makes specific findings of fact based directly on the particular evidence presented to it which support conclusions that the above mentioned standards and conditions have been met by the applicant.

(Ord. No. 804, 11-28-1989)

Under no circumstances shall the commission 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.

(Ord. No. 804, 11-28-1989)

Prior to granting a variance, at least one public hearing in which interested persons shall have an opportunity to be heard shall be held. The public hearing will be held with the commission. The commission will consider the request and make the final determination. At least 15 days prior to each hearing, notice of the time and place shall be published in the official newspaper or paper of general circulation within the jurisdiction. Notice shall also be provided to property owners and residents within the land being considered 300 feet and beyond the external boundaries of the land being considered. The applicant is responsible for all notices and publishing costs.

(Ord. No. 804, 11-28-1989)

Within ten days after the public hearing, the commission shall, in writing, either approve, conditionally approve or disapprove of the application as presented.

Prior to granting a variance, the commission may request studies from planning authorities or public agencies concerning social, economic, fiscal and environmental effects of the proposed variance. A variance shall not be considered as establishing a binding precedent to grant other variances. A variance is not transferable from one parcel of land to another.

Upon granting or denying an application, the commission shall specify:

A.

The ordinance and standards used in evaluating the application.

B.

The reasons for approval or denial.

C.

The actions, if any, that the applicant should take to obtain a variance.

(Ord. No. 804, 11-28-1989)

Within ten days after a decision has been rendered by the commission, the administrator shall provide the applicant with written notice of the action on the request. The variance will not be issued until all conditions have been satisfied and the appeal period has expired.

(Ord. No. 804, 11-28-1989)

The applicant or citizen shall have 20 days from the date of the mailing of notice of the decision of the commission within which to appeal said decision to the city council. The applicant has 20 days after the decision of the city council to appeal to a court of competent jurisdiction.

(Ord. No. 804, 11-28-1989)

An "affected person" shall mean one having an interest in real property which may be adversely affected by the issuance or denial of a permit authorizing the development.

Any affected person may, at any time prior to final action on rezone, special use or variance permit (if no hearing has been held on the application), petition the council in writing to hold public hearing; provided, however, that if 20 affected persons petition for a hearing, the hearing shall be held.

After both hearings, the council may:

A.

Grant or deny a permit; or

B.

Delay such a decision for a definite period of time for further study or hearing.

(Ord. No. 804, 11-28-1989)