(a)

Purpose of variance. The purpose of a variance is to permit relief from the strict application of the terms of the zoning code. Variances may be granted when they are in harmony with the general purpose and intent of the zoning code, they are consistent with the comprehensive plan and the applicant for the variance establishes that there are practical difficulties in complying with the city's zoning code.

(b)

Procedure. An application for a variance requires a public hearing and shall be processed pursuant to the provisions outlined in subsection 4-30(c) of this Code.

(c)

Practical difficulties. As used in connection with granting an application for a variance, practical difficulties means as follows:

(1)

That the property owner proposes to use the property in a reasonable manner not permitted by the city's zoning code;

(2)

The plight of the property owner is due to circumstances unique to the property under consideration and not created by the property owner;

(3)

The variance will not alter the essential character of the locality or permit a use not allowed within the respective zoning district;

(4)

The variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire or endanger public safety;

(5)

Practical difficulties may include but shall not be limited to the following:

a.

A physical condition unique to the property that results in practical difficulties when using the parcel or lot within the strict application of the terms of this Code. Physical conditions causing practical difficulties may include lot shape, narrowness, shallowness, slope, or topographic or similar conditions unique to the parcel or lot.

b.

Practical difficulties may also include inadequate access to direct sunlight for solar energy systems.

c.

Economic conditions alone shall not constitute a practical difficulty if a reasonable use of the property exists under the terms of this Code.

d.

A practical difficulty shall be unique to the parcel or lot for which the variance is being sought and is not generally applicable to other properties within the same zoning district.

(d)

Informational requirements.

(1)

A certificate of survey depicting the following:

a.

Lot dimensions and area.

b.

Location, setback and dimension of all buildings on the lot including existing and proposed structures.

c.

The proposed variance.

(2)

Narrative description of the requested variance and hardship unique to the property.

(e)

Conditions and mitigating requirements. Additional conditions and mitigating requirements may be imposed with the granting of any variance to insure compliance, to protect adjacent properties and to protect the public health, safety or environment if the conditions or requirements bear a rough proportionality to the impact created by the variance.

(Ord. No. 11-10, § 1, 8-22-2011)