When a property owner or his agent shows that a strict application of the terms of this chapter relating to the use, construction, or alteration of buildings or structures or the use of land imposes upon him practical difficulties or particular hardship in that a literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter, then the property owner or agent may apply for a variance. The burden of proof lies on the applicant to clearly establish that a variance is necessary.

(Code 1977, § 17.52.050; Ord. No. 06-04, 2006)

The planning and zoning board may recommend to the city council, and the council may authorize by ordinance, such variances of the strict application of the terms of this chapter as are in harmony with its general purpose and intent when the commission is satisfied, under the evidence heard before it, that such variance will not merely serve as a convenience to the applicant nor merely to allow the applicant to receive greater revenue from the use or sale of the property, but is necessary to alleviate some demonstrable and unique hardship or difficulty so great as to warrant a variance from the provisions of this chapter, or in the following instances:

(1)

Extension of a district. To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown to be on record prior to the date of passage of the ordinance from which this chapter is derived.

(2)

Lessening of setback requirements. To permit a front, side, or rear lot line setback less than that required by this chapter or the standards within each individual district but such variation shall not exceed 25 percent of the required setback for a principal building; no such restriction on lessening of setback requirement shall apply to accessory buildings (structure).

(3)

Exceeding of height or bulk limits. To permit a building to exceed the height limit by not more than ten percent of the height limit established by this chapter or meet the standards within each individual district.

(4)

Lessening of lot requirements. To permit the use of a lot less in area by not more than ten percent of the lot area required by this chapter unless such lot is an existing lot of record and governed by section 62-64.

(Code 1977, § 17.52.050; Ord. No. 06-04, 2006)

A preapplication meeting shall be held with the zoning administrator to discuss the request. The zoning administrator shall send a copy of the variance application to all appropriate city officials for comment. After receipt of a complete application for a variance, the zoning administrator shall complete the review of the application.

(Code 1977, § 17.52.050; Ord. No. 06-04, 2006)

An application for variance, shall be made as follows:

(1)

Application to be filed. The applicant shall file an application for variance with the zoning administrator of the city accompanied by a filing fee to be established by the city council.

(2)

Form of application. The application shall set forth the facts and details concerning the proposed variance and shall have attached thereto a diagram or plan showing the result the proposed variance would have on the subject property and surrounding properties.

(3)

Application requirements. The application shall contain the following requirements:

a.

A legal description of the property and common address.

b.

Any photos of the property and the specific area of the property seeking the variance shall be submitted with the application.

c.

A statement indicating the need for the variance.

d.

Nine copies of the site plan showing adjacent property owners, including rights-of-way; the zoning of adjacent properties; existing improvements and structures; and streets, railroads, waterways, and other necessary physical features.

(4)

Date of filing. The application shall be filed prior to the date the notice of hearing specified has been published in the local newspaper.

(5)

Date of hearing. The planning and zoning board of the city through its chairperson, shall set a regular date, time, and place for a public hearing on the application and shall inform the applicant of the same. The chairperson has the option of calling a special meeting. Notice of the public hearing of petitioner's application is to be given in the following manner:

a.

By publishing the notice of the date, time, and place of such hearing in a paper of general circulation in the city at least 15, but not more than 30 days prior to the hearing. The planning and zoning board shall be given at least 15 days to review the preliminary plans.

b.

By causing the notice to contain the particular location for which this variance is requested as well as a brief statement describing the proposed variance. The legal description shall, in addition to the required metes and bounds or lot and block description, contain a simple a description of the property as to area and location of such a nature to enable the ordinary reader to accurately locate such property.

c.

By sending copies of the notice of hearing to all property owners within a 250-foot radius of the property in question.

(Code 1977, § 17.52.050; Ord. No. 06-04, 2006)

An application for a variance for the establishment of a use not permitted within the intended district shall not be granted.

(Code 1977, § 17.52.050; Ord. No. 06-04, 2006)

(a)

No variance in any case shall be made by the city council without a public hearing by the planning and zoning board as required herein nor without a report having been made by the commission to the city council and every report shall be accompanied by a finding of fact specifying the reasons for the reported recommendations.

(b)

The planning and zoning board shall review the application, the recommendation of the zoning administrator, and the testimony at the public hearing and shall grant the variance, grant the variance requested subject to specified conditions, or deny the variance.

(Code 1977, § 17.52.050; Ord. No. 06-04, 2006)

In considering all appeals, all proposed variances to the ordinance from which this chapter is derived, and a review by the zoning administrator, the commission shall, before recommending that the city council grant any variance for said ordinance in a specific case, first determine and make a finding of fact that the proposed variance will not:

(1)

Impair an adequate supply of light and air to adjacent property.

(2)

Unreasonably increase the congestion in public streets.

(3)

Increase the danger of fire or flood, endanger the public safety, or increase the need for repairs to roads, utilities, and other public facilities.

(4)

Unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals, and welfare of the inhabitants of the city.

(5)

Allow more relief than is necessary to alleviate the alleged hardship.

(6)

Alter the character of the locality of the property in question.

(7)

Allow the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other lots subject to the same provision, nor merely the inability of the owner to make more money from the use of the subject lot.

(8)

Result in a use or development of the subject lot that would not be in harmony with the general and specific purposes of this chapter or the general purpose and intent of the city's comprehensive plan.

(Code 1977, § 17.52.050; Ord. No. 06-04, 2006)

(a)

Upon the report of the planning and zoning board and the zoning administrator, the city council, without further public hearing, may adopt or deny any proposed variance or may refer the report back to the commission for further consideration.

(b)

No variance shall become effective unless it is first submitted to and approved by the planning and zoning board, or if disapproved, shall receive a two-thirds majority vote of the city council. If the planning and zoning board neither approves nor disapproves the amendment within 60 days after the same has been submitted, it shall be considered to be approved by the commission. However, the person requesting the amendment and the commission may mutually agree to an extension of time.

(Code 1977, § 17.52.050; Ord. No. 06-04, 2006)

(a)

Issuance of a variance may be made subject to such conditions as are necessary to carry out the purposes of these regulations and to prevent or minimize adverse effects upon other property in the neighborhood, including, but not limited to, limitations on size and location, hours of operation, requirements for landscaping, and lighting.

(b)

No variance shall be deemed valid unless a building permit is issued and construction has begun within one year of the approval of the variance. However, the person requesting the variance and the city council may mutually agree to an extension of time.

(c)

A variance may be issued for an indefinite duration or a specific duration.

(Code 1977, § 17.52.050; Ord. No. 06-04, 2006)