The city engineer is authorized, upon proper application, to grant, without a hearing, a deviation of less than ten percent from the requirements for land use within a zoning district established by this title.

(Ord. No. 737, 1-18-2011)

Land owner or a resident with the written authority from the land owner applying to the city engineer for a deviation of less than ten percent from the zoning requirements shall submit an application on the form provided by the city, which said application shall contain and include:

A.

Applicant's name and address;

B.

Location and address of the real property for which a minor deviation is sought and its legal description;

C.

The zoning of the property and the particular zoning or land use requirement for which the deviation is sought;

D.

An explanation of the intended use or improvement to the property and the specific facts and factors that justify or require the proposed deviation; and

E.

Plans or drawings depicting all existing improvements and the location of the proposed improvements if the deviation is granted;

F.

The application must also include with the application the written consent of the owners of any real property that would be affected if the deviation were to be granted.

(Ord. No. 737, 1-18-2011)

If the city engineer does not grant the sought deviation from land use requirements, he shall notify the applicant in writing of his decision and the reason therefore. The city engineer shall send this notice to the applicant, who shall have ten days from receipt of the notice of denial of application in which to appeal the decision of the city engineer to the board of adjustment. The applicant shall file his notice of appeal with the city clerk and said appeal shall be heard at the next scheduled meeting of the board of adjustment.

(Ord. No. 737, 1-18-2011)