The provisions of this chapter shall apply in considering a Variance from the terms of Title 17 of the city code. A Variance shall not be considered a right or special privilege and shall not be granted in conflict with the public interest. The purpose of this chapter is for the city, through the planning commission and the city council, to allow Variance from the terms of this title according to the terms set forth in this chapter.

(Ord. 2023-2 § 1, 2023; Ord. No. 2012-4 §§ 10, 11, 12-17-2012; Ord. 443 Ch. 6 § 1, 1979)

In acting upon an application for a Variance, the planning commission shall review the application and make further investigation, at the commission’s discretion. The commission shall evaluate each application based on the following:

1. That the granting of the Variance will not be in conflict with the comprehensive plan for the city.
2. That there are exceptional or extraordinary circumstances or conditions, applicable to the property involved, or the intended use thereof so that a denial of the relief sought will result in undue loss in value of the property and the inability to preserve the property rights of the owner.
3. The granting of such Variance will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements of other property owners, or the quiet enjoyment of such property or improvements.
4. A Variance shall not be recommended or granted on the grounds of mere convenience or profit.

(Ord. 2023-2 §1, 2023; Ord. No. 2012-4, §§ 10, 12, 12-17-2012; Ord. No. 202-4, Ord. 443 Ch. 6 § 2, 1979)

Editor's note— Ord. No. 2012-4, §§ 10, 12, adopted Dec. 17, 2012, repealed the former § 17.30.020, and enacted a new § 17.30.020 as set out herein. The former § 17.30.020 pertained to administrative appeals and derived from Ord. 443, ch. 6, § 2, adopted 1979.

A written application for a Variance must be submitted to the clerk and contain the following:

1. Name, address and phone number of applicant(s);
2. Legal description of property (and street address, where possible);
3. Description or nature of the Variance requested; and
4. A one-paragraph summary, containing not more than one hundred (100) words of the Variance requested.

(Ord. 2023-2 §1, 2023; Ord. No. 2012-4, §§ 10, 13, 12-17-2012)

Editor's note— Ord. No. 2012-4, § 10, adopted Dec. 17, 2012, repealed § 17.30.030, which pertained to variance and derived from Ord. 443, Ch. 6, § 3, adopted 1979. Section 13 of the ordinance redesignated former § 17.30.040 as § 17.30.030 to read as herein set out.

Prior to granting a Variance under this Chapter, at least one (1) public hearing in which interested persons shall have an opportunity to be heard shall be held before the commission. At least fifteen (15) days prior to the hearing, notice of the time and place, and a summary of the proposal shall be published in the official newspaper or paper of general circulation within the jurisdiction at the applicant’s expense. Notice shall be posted on the premises not less than one (1) week prior to the hearing. Notice shall also be provided to property owners or purchasers of record within the land being considered, three hundred (300) feet of the external boundaries of the land being considered, and any additional area that may be substantially impacted by the proposed special use as determined by the commission, provided that in all cases notice shall be provided individually by mail to property owners or purchasers of record within the land being considered and within three hundred (300) feet of the external boundaries of the land being considered. Any property owner or purchaser of record entitled to specific notice pursuant to the provisions herein shall have a right to be heard at the hearing.

(Ord. 2023-2 §1, 2023; Ord. No. 2012-4, § 14, 12-17-2012)

Editor's note— Ord. No. 2012-4, § 14, adopted Dec. 17, 2012, redesignated former § 17.30.060 as § 17.30.040 to read as herein set out.

The Commission shall make recommendations to the Council based upon the standards set forth in this Chapter. Furthermore, the commission's recommendations may include proposed conditions to be attached to such Variance.

(Ord. No. 2012-4, §§ 10, 15, 12-17-2012)

Editor's note— Ord. No. 2012-4, §§ 10, 15, adopted Dec. 17, 2012, repealed the former § 17.30.050, and enacted a new § 17.30.050 as set out herein. The former § 17.30.050 pertained to supplementary conditions and safeguards and derived from Ord. 443, ch. 6, § 5, adopted 1979.

1. The council shall either approve, conditionally approve, or deny the request for the Variance.
2. With respect to approval, conditional approval, or denial, the council shall specify:
   1. The ordinance and standards used in evaluating the application;
   2. The reasons for approval or denial; and
   3. The actions, if any, that the applicant could take to obtain an approval of a Variance.

(Ord. 2023-2 §1, 2023; Ord. No. 2012-4, § 16, 12-17-2012; Ord. 443 Ch. 6 § 7, 1979)

Editor's note— Ord. No. 2012-4, § 16, adopted Dec. 17, 2012, redesignated former § 17.30.070 as § 17.30.060 to read as herein set out.

The clerk shall provide the applicant with written notice of the council’s action on the applicant’s request for Variance.

(Ord. 2023-2 §1, 2023; Ord. No. 2012-4, § 17, 12-17-2012; Ord. 443 Ch. 6 § 8, 1979)

Editor's note— Ord. No. 2012-4, § 17, adopted Dec. 17, 2012, redesignated former § 17.30.080 as § 17.30.070 to read as herein set out.