This chapter is established to allow variance from this title in cases where special circumstances prevent applicants from making reasonable use of their property. Such special circumstances shall include size, shape, topography, location or surroundings of the property in question. The variance allows relief when the special circumstances prevent the applicant from meeting specific provisions of this ordinance, but the proposed structure is in keeping with the intent of this title.

(Ord. 635, 1984)

Variances shall be processed as prescribed in Section No. 17.30.

(Ord. 635, 1984)

The application shall be completed on forms provided by the City and contain the following:

030.1. Name, address, telephone number, and signature(s) of the applicant(s) and all owners of the property subject to the application. The applicant shall certify to the city that all property owners of the property subject to the application have signed the application;

030.2. The street address and legal description of the total property involved;

030.3. A site plan(s) with dimensions showing the location of all existing and proposed buildings or alterations and showing any special circumstances applicable to the subject property;

030.4. A written narrative explaining the undue hardship which necessitates the variance.

(Ord. 635, 1984)

The planning commission/city council shall find all five of the following criteria in order to grant variance:

040.1. There are exceptional physical circumstances or conditions applicable to the subject property or to its intended use or development which are not common to other properties in the same vicinity and zone;

040.2. That the strict application of the provisions of the zoning ordinance would result in practical difficulties or unnecessary hardships;

(Ord. 635, 1984)

040.3. The granting of the variance will not result in material damage or prejudice to other properties in the vicinity and will not be detrimental to the public health, safety or welfare;

040.4. The granting of the variance will not be contrary to the objectives of the comprehensive plan or the zoning ordinance;

040.5. The variance requested is the minimum variance that will make possible the reasonable use of the land, building or structure.

(Ord. 635, 1984)

A time shall be prescribed within which the action for which the variance was granted shall begin, be completed or both. Unless otherwise specified, the action shall commence within six months and be completed within eighteen months of issuance of the permit. Failure to begin and or complete such action within the time limit set shall void the variance. The Planning Commission, however, may authorize a one time extension of either or both dates after the review of an extension request at a public meeting, provided that such extension request was filed prior to the expiration of the date for which the extension is requested. Such extension shall detail the circumstances that prohibited the commencement or completion, or both, of the variance authorized. The length of such time extension, if authorized, shall not exceed eighteen additional months.

(Ord. 635, 1984)