Because of special characteristics of particular properties in the City, the literal application of the general provisions of this title may, in certain instances, create hardships not intended by these regulations. The City Council may accordingly grant variances from the literal application of the provisions of this title based on findings of fact as provided in this chapter.

(Ord. 86-382, 12-22-1986)

Variances shall be approved only in conformance with the approval process provided in the filing procedures section of this title and the approval criteria in section 11-19-5 of this chapter.

(Ord. 86-382, 12-22-1986)

   A.   Purpose And Scope: The purpose of minor variance procedures is to reduce the time and expense to homeowners of obtaining approval of simple variances that are likely to have minimal adverse impact in residential neighborhoods.

   B.   Application: The fee owner, contract purchaser, or option holder of a single family detached or attached dwelling or single family detached or attached building lot that wishes to request a variance for that dwelling or lot may apply under minor variance procedures.

   C.   Administrative Variation: Applications for minor variances may be reviewed and approved administratively.

      1.   The Zoning Administrator will review, and may approve with conditions, minor variance applications that meet the following standards:

         a.   A complete application has been submitted to the Zoning Administrator.

         b.   A notice has been delivered via certified mail, return receipt requested, to adjacent property owners that are abutting or across a public right-of-way.

         c.   No written objections have been received. If any noticed property owner files a written objection to the administrative variation within fifteen (15) calendar days of receipt of such notice, the minor variance shall be denied.

            (1)   If denied, the property owner may submit an application for minor variance to be considered by the Planning and Zoning Commission and City Council. Applicants requesting a review by the Planning and Zoning Commission and City Council shall follow all procedural requirements as provided for in subsection 11-19-3D, Filling Submissions.

      2.   The Zoning Administrator may deny administrative variation requests if he or she believes it will negatively impact property values or negatively impact the health, safety, and welfare of the general public.

(Ord. 86-382, 12-22-1986; amd. Ord. 20-20, 5-4-2020; Ord. 21-3, 1-18-2021)

Variances, as provided herein, shall be considered the same as variations provided under State Statute. Lawful variations granted to a property prior to the effective date of this title shall be considered lawful variances without the need for approval of a variance hereunder. Except that where such a variation is not needed under this title, variance status shall not be applicable.

(Ord. 86-382, 12-22-1986)

In recommending approval or conditional approval of a variance, the Planning and Zoning Commission shall transmit to the City Council written findings of fact that all of the conditions below apply to the application. The City Council shall not be bound by the recommendation of the Planning and Zoning Commission. However, in granting approval, the City Council shall similarly find that all of the following conditions apply:

   A.   Special Circumstances Not Found Elsewhere: Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district. And these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide a general regulation to cover them.

   B.   Circumstances Relate To The Property Only: Since a variance will affect the character of its surroundings long after a property changes hands, the special circumstances referenced herein relate only to the physical character of the land or building(s) for which a variance is sought, such as dimensions, topography or soil conditions. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on therein, nor to the personal, business or financial circumstances of such owner or tenant or any other party with interest in the property.

   C.   Not Resulting From Applicant Action: The special circumstances that are the basis for a variance have not resulted from any act of the applicant or of any other party with interest in the property.

   D.   Unnecessary Hardship: For reasons fully set forth in the written findings, the strict application of the provisions of this title would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience.

   E.   Preserves Rights Conferred By District: A variance is necessary for the applicant to preserve and enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district.

   F.   Necessary For Use Of Property: The grant of a variance is necessary not because it will increase the applicant’s economic return, although it may have this effect, but because without a variance the applicant will be deprived of any reasonable use or enjoyment of the property.

   G.   Not Alter Local Character: The granting of the variance will not alter the essential character of the locality, nor substantially impair environmental quality, property values or public safety or welfare in the vicinity.

   H.   Consistent With Title And Plan: The granting of a variance will be in harmony with the general purpose and intent of this title and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption.

   I.   Minimum Variance Recommended: The variance recommended by the Planning and Zoning Commission and approved by the City Council is the minimum required to provide the applicant with reasonable use and enjoyment of his property.

(Ord. 86-382, 12-22-1986)

In recommending approval of a use variance, the Planning and Zoning Commission shall transmit to the City Council written findings of fact that all of the conditions below apply to the application. The City Council shall not be bound by the recommendation of the Planning and Zoning Commission. However, in granting approval, the City Council shall similarly find that all of the following conditions apply:

   A.   Practical Difficulties Or Particular Hardship: For reasons fully set forth in the written findings, the strict application of the provisions of this title relating to the use of the buildings or structures, or the use of the land, would result in unnecessary and undue hardship upon the applicant, as distinguished from mere inconvenience.

   B.   Reasonable Return: The property cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in this title for the pertinent zoning district.

   C.   Unique Circumstance: Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the use variance is sought and that they do not apply generally to other properties in the same zoning district.

   D.   Not Alter Local Character: The granting of the use variance will not alter the essential character of the locality, nor substantially impair environmental quality, property values or public safety or welfare in the vicinity.

   E.   Consistent With Title And Comprehensive Plan: The granting of a use variance will be in harmony with the general purpose and intent of this title and of the Comprehensive Plan of the City.

(Ord. 94-614)

The Planning and Zoning Commission may recommend, and the City Council, in granting any variance, may impose such conditions or restrictions as appear necessary to minimize possible detrimental effects of such variance upon other properties in the subject zoning district or surrounding neighborhood.

(Ord. 94-614)

A variance may be revoked by the City Council if:

   A.   Noncompliance: Any conditions or restrictions are not complied with within the time limit specified on the variance;

   B.   Compliance Not Maintained: After they are initially complied with, compliance with such conditions or restrictions is not maintained at any time;

   C.   Variance Not Established: The variance is not established or a required building permit is not obtained and building started, within one year of the date the variance is issued; or

   D.   Use Variance Ceases To Exist: With respect to use variances, in the event the use granted by the variance shall cease to exist for more than three hundred sixty five (365) consecutive days.

(Ord. 94-614)