The City Council may authorize a variance from the regulations established in this title when, in its opinion, the applicant has shown undue hardship because of exceptional physical characteristics of the site, where such strict application would result in impractical difficulties or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, and the variance is not in conflict with the public interest. The special circumstances or conditions must be particular to the site and not applicable generally to land or buildings in the City. In granting any variance, the City Council shall prescribe only conditions that it deems necessary to or desirable for the public interest. A variance shall not be considered a right or a special privilege.

(2007 Code)

Every person who seeks a variance permit as provided herein shall meet with the City Clerk prior to submission of an application for a variance permit. The purpose of this meeting is to informally discuss the purpose and effect of the zoning ordinance, and the criteria and standards contained therein.

(2007 Code)

A.

Submission forms; fees: Submission of the variance permit shall be on a form prescribed by the City Clerk, and the application and required fee, set by resolution of the City Council, shall be paid to the City Clerk. The application shall contain and be accompanied by the following information:

1.

An accurate scale drawing of the site including any affected adjacent property and showing the location of all existing and proposed structures, the maximum dimensions of all existing and proposed buildings, streets, easements, property lines, setbacks, driveways, pedestrian walkways, off street parking and off street loading facilities and landscaped areas, buffering or other similar elements of site design.

2.

A physical description of all buildings and architectural drawings of all proposed buildings showing height, dimensions, design, exterior finish and other appropriate aspects of the building.

3.

An ownership list prepared by a person or entity with appropriate expertise in the preparation of ownership lists, including a title company, or a list obtained through the county assessor's office, and shall list the boundaries of the property described in the application, using the last known name and address of such owners as shown on the latest adopted tax roll of the county. The list will identify property owners within the subject property and within a radius of 300 feet from the external boundaries of the property described in the application.

B.

Submit application: The completed form and documents must be submitted to the City Clerk not later than 25 days prior to the date of a regular City Council meeting where a public hearing to consider the request for the variance permit can be set. The completed application shall be deemed accepted for the 25-day processing period as of the date when all plans and information have been filed, checked and accepted as complete by the City Clerk.

C.

Public hearing: After receiving a complete application, including fees, the City Clerk shall set the time, place and date of the public hearing, shall publish notice thereof once in the official newspaper of the City at least 15 days before the hearing, and shall notify by mail at least 15 days before the hearing all property owners within 300 feet of the property. Said notice shall state the time and place of hearing, a brief description of the request for a variance permit, and state that a copy of the application for a variance permit is on file with the City Clerk for public inspection. Such notice shall be posted on the property seven days before the hearing.

D.

Criteria for approval: A variance permit may be approved only if the proposal conforms to all of the following criteria, to the satisfaction of the City Council acting as the planning and zoning commission:

1.

There is undue hardship as a result of special physical characteristics affecting said property.

2.

The variance is necessary for the preservation and enjoyment of a substantial property right of the petitioner.

3.

The granting of the variance will not be detrimental to the public welfare or injurious to other property in the territory in which said property is situated.

4.

The granting of the variance would not be contrary to the zoning ordinance or the comprehensive plan.

(2007 Code)