A.   Applicability: A variance may be requested from any land or building form design standard or subdivision design and improvement standard.

   B.   Procedures:

      1.   Pre-Application Meeting: Before submitting an application, an applicant may request a pre-application meeting with the planning administrator.

      2.   Application Submittal and Acceptance: Application submittal and acceptance shall follow the standards and processes below:

         a.   Concurrent Applications: When a project requires approval of multiple application types, the applications may by submitted and reviewed concurrently.

         b.   Completeness Review:

            (1)   Deemed by the Planning Administrator: All applications shall be deemed complete before the planning administrator is required to review the application. An application shall be sufficient for processing when it contains all of the information necessary. Applicable legislative timelines shall not begin until an application is determined to be complete.

               (A)   Application Incomplete: On determining whether an application is incomplete, the planning administrator shall provide the applicant with written notice of the submittal deficiencies.

               (B)   Application Complete: On determining whether an application is complete, the planning administrator shall provide written notice to the applicant that the application has been accepted for review.

   C.   Review Criteria:

      1.   The variance is not detrimental to public health, safety or general welfare;

      2.   The variance is due to conditions peculiar to the property, such as physical surroundings, shape, or topographical conditions;

      3.   Strict application of the regulations to the property results in an unnecessary hardship to the owner as compared to others subject to the same regulations and that hardship is not self-imposed;

      4.   The variance may not cause a substantial increase in public costs;

      5.   The variance may not place the property in nonconformance with any other regulations; and

      6.   Additional Criteria may apply if the variance is associated with a floodplain or floodway.

   D.   Specific Variance Standards:

      1.   Reconstruction of Nonconforming Buildings: A property owner who desires to reconstruct a nonconforming building or nonconforming portion of a building must apply for a variance. When reviewing the variance to reconstruct a nonconforming building, the property owner is entitled to a rebuttable presumption that the standards in subsection C of this section are met if the property owner can prove the existence of the prior nonconformity and that the nonconformity can be in compliance with building and fire codes.

      2.   Parking Area Landscaping: Any variance from the maximum number of off-street parking spaces, as specified in section 11-22-6 of this title, must require that a minimum of twenty percent (20%) of the parking area be landscaped in accordance with the standards in chapter 22 of this title. This landscaping is in addition to the requirements of chapter 24 of this title. The planning administrator may also place conditions, within applicable city code provisions, on the location and permissible types of surfacing materials for off street parking and loading areas.

      3.   Downtown and Transitional Residential Districts: If a variance to the zero-foot setback is requested in Downtown or Transitional Residential Districts, the maximum setback allowable along the primary and secondary lot line cannot exceed ten feet (10').

(Ord. 3329, 4-6-2026)