Upon application therefor, the variance from the provisions of this title may be granted when the criteria of this chapter have been satisfied. Conditions may be imposed, including posting of bonds or other security, in order to satisfy the criteria of this chapter.

(Ord. 543 § 1 (part), 2001)

Before any variance may be granted, it shall be shown that:

A.

There are special circumstances applicable to the subject property or to the intended use, such as shape, topography, location or surroundings that do not apply generally to the other property or class of use in the same vicinity and zone;

B.

Such variance is necessary for the preservation and enjoyment of a substantial property right or use possessed by other property in the same vicinity and zone but which because of special circumstances is denied to the property in question;

C.

The granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located;

D.

The granting of such variance will not adversely affect the comprehensive plan.

(Ord. 543 § 1 (part), 2001)

Upon application therefor, the planning commission may grant conditional use permits for such use and under such circumstances as set forth in this title.

(Ord. 543 § 1 (part), 2001)

When considering an application for a conditional use permit or special use permit, the city council shall consider the applicable standards, criteria, and policies established by this title as they pertain to the proposed use and may impose specific conditions precedent to establishing the use in order to satisfy the criteria of this chapter. The conditions may:

A.

Increase requirements in the standards, criteria, or policies established by this title;

B.

Stipulate the exact locations and means of minimizing hazards to life, limb, property damage, erosion, landslides, or traffic;

C.

Require structural features or equipment essential to serve the same purpose set forth in subsection (B) of this section,

D.

Impose conditions similar to those set forth in subsections (B) and (C) of this section as deemed necessary to establish parity with uses permitted in the same zone and their freedom from nuisance generating features and matters of noise, odors, air pollution, wastes, vibration, traffic, physical hazards, and similar matters; provided, the city council may not, in connection with action on a conditional use permit or special use permit, reduce the requirements specified by this title as pertaining to any use nor otherwise reduce the requirements of this title in matters for which a variance is the remedy provided;

E.

Assure that the degree of compatibility with the purpose of this title shall be maintained with respect to the particular use on the particular site and in consideration of other existing and potential uses within the general area in which the use is proposed to be located;

F.

Recognize and compensate for variations and degree of technological processes and equipment as related to the factors of noise, smoke, dust, fumes, vibrations, odors, and hazards or public need;

G.

Require the posting of construction and maintenance bonds or other securities sufficient to secure to the city the estimated costs of construction and/or installation and/or maintenance of required improvements.

(Ord. 543 § 1 (part), 2001)

Where prior to January 1, 1985, special authority was granted for the establishment of conducting of a particular use on a particular site and for a special period of time or as set forth in action then titled "Use and Occupancy" such previous permits are by this section declared to be continued as a conditional use permit without specific time limit; provided, that if the particular use is such as is not otherwise permitted in the zone in which it is located, such established use and improvements incidental thereto shall be considered under the terms of this title as a nonconforming use.

(Ord. 543 § 1 (part), 2001)

A conditional use or special use permit or variance runs with the land, compliance with the conditions of any such permit or variance is the responsibility of the current owner of the property, whether that be the applicant or a successor. No permit for which a bond or other surety is required shall be considered valid during any time in which the required bond or surety is not posted.

(Ord. 543 § 1 (part), 2001)

The recipient of any conditional or special use permit or variance shall file a land use permit.

(Ord. 543 § 1 (part), 2001)

Any conditional or special use permit or variance issued may be vacated upon city council approval by the current landowner provided that:

A.

The use authorized by the permit/variance does not exist and is not actively being pursued; or

B.

The use has been terminated and no violation of the terms and conditions of the permit exists;

C.

Requests to vacate a permit shall be made in writing to the planning commission which shall determine if the above conditions are present prior to authorizing the vacation. Vacation of any permit/variance shall be documented by the filing of a notice of land use permit vacation.

(Ord. 543 § 1 (part), 2001)