The mayor and council has the authority to hear, and grant or deny variances from the requirements of this ordinance as will not be contrary to the public interest when, due to unusual property conditions, a literal enforcement of zoning requirements in a particular case will result in unnecessary hardship, provided that the intent of the general and district regulations is observed, public safety and welfare is secured, and substantial justice is done.

A.

Applications for variances shall be filed with the city clerk, together with supporting material required by the variance applications form, the zoning official and the regulations of this ordinance. Applications will be accepted only from the property owner, or authorized agent with written notarized consent of the property owner.

B.

Zoning official responsibilities: The city clerk shall refer the application and all supporting documentation to the zoning official to prepare an analysis of the variance and the make a recommendation thereon.

C.

The zoning official may request additional information as may be needed to make such review or recommendation.

D.

Variances shall be heard and determined by the mayor and council utilizing the same notice procedures provided for zoning amendments.

Variances may be granted only upon making all of the following findings, which shall apply within the property for which the subject variance request is being made.

A.

There are extraordinary or exceptional conditions pertaining to the particular property because of its size, shape or topography.

B.

Such conditions are unusual or peculiar to the particular piece of property involved.

C.

The strict application of the zoning ordinance would create an unnecessary hardship.

D.

The hardship identified is concerned with the physical use of the property, not the financial condition of any person.

E.

Specimen trees are located in such a manner on the subject property that the property cannot be practically developed without the removal or substantial destruction of such specimen trees but could be developed through variances that would protect the same trees.

F.

Relief if granted would not cause substantial detriment to the public good, safety or welfare, or impair the purpose and intent of this zoning ordinance.

A.

The mayor and council may impose any conditions or safeguards relating to any variance as it may determine necessary in the particular case to protect the public interest and to protect the use and enjoyment of adjacent property.

B.

Whenever the mayor and council places conditions on a variance approval, such conditions shall be clearly stated in the minutes at which the action was taken or shall be set out in an ordinance approving the variance and shall be available for viewing at city hall by the general public.

When granted, a variance, together with any conditions or safeguards attached thereto applies to the land on which it is issued, and not to a particular person or other entity.

The mayor and council have no power to grant a use or permit an operational or other characteristic of a use, that is not otherwise permitted by the city zoning ordinance. No variance may be granted for utilization of land or structure that is prohibited by the city zoning ordinance.