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. No nonconforming use of neighboring lands, structures or buildings in the same zone and not permitted or nonconforming use of lands, structures or buildings in other zones shall be considered grounds for issuance of a variance. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon showing of undue hardship. (Ord. 635, 3-12-2018)

   A.   Information Required: A variance from the terms of this title shall not be granted by the City Council unless and until a written application for a variance is submitted to the Zoning Administrator, which application contains the following information: (Ord. 635, 3-12-2018)

      1.   Name, address and phone number of applicant.

      2.   Legal description of property.

      3.   A filing fee as set forth by resolution of the City Council.

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

         a.   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 zone;

         b.   That a literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same zone under the terms of this title;

         c.   That special conditions and circumstances do not result from the actions of the applicant; and

         d.   That 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 zone. A variance attaches to the realty and is transferable with the title to the property.

   B.   Findings Required: A variance shall not be granted unless the City Council 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. (1984 Code § 5-12-2; amd. 2014 Code; Ord. 635, 3-12-2018; Ord. 682, 5-10-2021)

Under no circumstances shall the City Council grant a variance to allow a use not permissible under the terms of this title in the zone involved, or any use expressly or by implication prohibited by the terms of this title in said zone. In granting any variance, the City Council may prescribe appropriate conditions and safeguards and, when made a part of the terms under which the variance is granted, any deviation shall be deemed a violation of this title. (Ord. 635, 3-12-2018)

Upon receipt of the application for a variance, the Planning and Zoning Commission shall hold a public hearing, publish notice in a newspaper of general circulation within the City, and give written notice to all parties as required by section 10-2-8 of this title. Following the hearing, the Planning and Zoning Commission shall forward its recommendation to the City Council for a decision. (Ord. 635, 3-12-2018)

   A.   Within thirty (30) days after the public hearing or at the next regular meeting of the Planning and Zoning Commission, whichever occurs last, the Planning and Zoning Commission shall either recommend approval, conditional approval or denial of the request for a variance, and forward such recommendation to the City Council for a decision.

   B.   Within thirty (30) days after receiving the recommendation, the City Council shall either approve, conditionally approve or disapprove the request for a variance.

   C.   Upon granting or denying an application, the City Council shall specify: (Ord. 635, 3-12-2018)

      1.   The ordinance and standards used in evaluating the application;

      2.   The reasons for approval or denial; and

      3.   The actions, if any, that the applicant could take to obtain a permit. (1984 Code § 5-12-5; amd. Ord. 635, 3-12-2018)

   D.   Within thirty (30) days after a decision has been rendered, the Zoning Administrator shall provide the applicant with written notice of the action on the request. The applicant or any affected person may appeal the decision of the City Council, in accordance with section 10-2-10 of this title. (Ord. 635, 3-12-2018)