When practical difficulties, un-necessary hardships, or results inconsistent with the general intent and purpose of this Ordinance occur by reason of the strict interpretation and enforcement of any of its provisions, the Planning Commission upon its own motion may, or upon the verified application of any interested person shall, initiate proceedings for consideration of the recommendation of the granting of a variance from the provisions of this Ordinance under such conditions as may be deemed necessary to assure that the intent and purpose of this Ordinance will be observed, and that the health, safety, and welfare of the community be secured, and that substantial justice be done, not only to the applicant but to the persons other than the applicant, who might be affected by such variance.

(Ord. No. 392, § 3, 8-7-73)

The sole purpose of any variance shall be the modification of the specific regulations of this Ordinance and shall be for the purpose of assuring that no property, because of unique circumstances applicable to it, shall be deprived of any privileges commonly enjoyed by other properties in the same vicinity and zone. Variances are hereby declared to be administrative acts, and the authority to approve, disapprove or to recommend to the City Council the approval or conditional approval, of a petition for a variance is hereby vested in the Planning Commission, subject, however, to the provision noted in Section 294 below. Self-imposed hardships shall not be considered as a justification for the granting of any variance.

(Ord. No. 392, § 4, 8-7-73)

A variance shall not be construed to be an amendment to this Ordinance or cause the maps which are a part of this Ordinance to be changed, nor shall a variance be used as a procedure to change or alter the use of land and/or structures not permitted within the district in which an application for a variance is made. The Planning Commission may recommend a variance to a named applicant to permit land or property to be used for a named use in the next highest zoning classification if the application for such variance is accompanied by an instrument in writing signed by all of the record owners of property within 100 feet of the land or structure for which a variance is requested, exclusive of streets and alleys, and each such variance shall terminate six (6) months after it ceases to be used.

(Ord. No. 392, § 5, 8-7-73)

Before any variance may be granted, it shall be shown:

(a)

That there are exceptional or extraordinary circumstances or conditions applicable to the property.

(b)

That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question.

(c)

That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity.

Variances may be granted upon such conditions and limitations and for such periods of time as the Planning Commission may recommend and the City Council shall deem to be reasonable and necessary or advisable under the circumstances so that the objective of this Ordinance shall be achieved.

(Ord. No. 392, § 6, 8-7-73)

When in the public interest, the Planning Commission may consider and make recommendations to the City Council on variance cases involving slight modifications in the provisions of this Ordinance, limited to the following:

(a)

Area requirements may be reduced by not more than 10 percent of that required in the zone.

(b)

Yard requirements may be reduced by permitting portions of a building to extend into and occupy not more than twenty (20) percent of the area of a required yard.

(Ord. No. 392, § 7, 8-7-73)

Each variance recommended and granted under the provisions of this Ordinance shall become null and void unless:

(a)

The construction or use authorized by said variance shall have been commenced within six (6) months after the granting of said variance and pursued diligently to completion.

(b)

All conditions under which said variance was granted are complied with in their entirety.

(Ord. No. 392, § 8, 8-7-73)