A.

Where strict compliance with the provisions of this Title would cause an unusual and unnecessary hardship on the Applicant because of peculiarities regarding the size of the tract to be Developed, its topography, the condition or nature of adjoining areas or the existence of other unusual physical conditions, the Applicant may petition the Community Development Director for a variance from such provisions.

B.

Granting variances. The Community Development Director may grant a variance only if:

1.

Literal enforcement of the Land Use Regulations would cause an unreasonable hardship for the Applicant that is not necessary to carry out the general purpose of the Land Use Regulations;

2.

There are special circumstances attached to the property that do not generally apply to other properties in the same district;

3.

Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zoning district;

4.

The variance will not substantially affect the general plan and will not be contrary to the public interest; and

5.

The spirit of the land use ordinance is observed, and substantial justice done.

C.

Variance determinations. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under Subsection (B)(1), the appeal authority may not find an unreasonable hardship unless the alleged hardship:

1.

Is located on or associated with the property for which the variance is sought; and

2.

Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.

3.

In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under Subsection (B)(1), the appeal authority may not find an unreasonable hardship if the hardship is self-imposed or economic.

4.

In determining whether or not there are special circumstances attached to the property under Subsection (B)(1), the appeal authority may find that special circumstances exist only if the special circumstances:

a.

Relate to the hardship complained of; and

b.

Deprive the property of privileges granted to other properties in the same zoning district.

D.

The Applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.

E.

Variances run with the land.

F.

The Community Development Director may not grant a Use variance.

G.

In granting a variance, the appeal authority may impose additional requirements on the Applicant that will:

1.

Mitigate any harmful effects of the variance; or

2.

Serve the purpose of the standard or requirement that is waived or modified.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)

A.

Except as provided below, appeals from Land Use Decisions shall be made using the administrative hearing process outlined in Chapter 2.22 of the City Code. A hearing request must be made in writing and must be received by the City Recorded no later than ten days following the date of the appealed action.

B.

An appeal from the Community Development Director's decision regarding an interpretation of this Title, or on any Land Use Application, shall be made to the Planning Commission by any person aggrieved by the interpretation or decision within 10 days of the Community Development Director's written Land Use Decision, stating each fact and every theory of relief on appeal.

1.

The Planning Commission conducts each appeal de novo.

2.

The Planning Commission shall act as a quasi-judicial body and shall afford due process to the parties on appeal.

3.

Each party may prepare call such witnesses and present such evidence as it deems appropriate.

4.

Only witnesses called by a party may testify.

5.

After hearing all evidence and legal arguments presented by the parties, the Planning Commission shall apply the plain language of the Code and issue written finding of facts, conclusions of law, and a decision on the merits of all theories of relief the appellant has raised in the appeal.

6.

If a Land Use Regulation does not plainly restrict a Land Use Application, the Planning Commission shall interpret and apply the Land Use Regulation to favor the Land Use Application.

7.

The Planning Commission shall reverse the decision of the Community Development Director only if the Director's decision is not supported by substantial evidence in the record or is otherwise arbitrary, capricious or illegal.

8.

Final Order of the Planning Commission acting as an appeal authority is a final decision, appealable to district court.

9.

Unless otherwise stated in the Planning Commission's final decision, an order following a de novo review vacates any official determination made by the land use authority.

10.

No further administrative appeals are permitted from a final order of an appellate authority and any subsequent review is to be made by the district court.

11.

Appeals to district court shall be made within 30 days of the final decision.

C.

Code Enforcement. An appeal from any enforcement action under the provisions of this Title, shall be made to the Administrative Law Judge by any person subject to the enforcement action, stating each fact and every theory of relief on appeal.

1.

The Administrative Law Judge conducts each appeal de novo.

2.

The Administrative Law Judge shall afford due process to the parties on appeal.

3.

Each party may prepare call such witnesses and present such evidence as it deems appropriate.

4.

Only witnesses called by a party may testify.

5.

After hearing all evidence and legal arguments presented by the parties, the Administrative Law Judge shall apply the plain language of the Code and issue written finding of facts, conclusions of law, and a decision on the merits of all theories of relief the appellant has raised in the appeal.

6.

The Administrative Law Judge shall reverse the decision of the Community Development Director only if the Director's decision is not supported by substantial evidence in the record or is otherwise arbitrary, capricious or illegal.

7.

The order of the Administrative Law Judge is a final decision, appealable to district court.

8.

Unless otherwise stated in the Administrative Law Judge's final decision, an order following a de novo review vacates any official determination made by the land use authority.

9.

No further administrative appeals are permitted from a final order of an appellate authority and any subsequent review is to be made by the district court.

10.

Appeals to district court shall be made within 30 days of the final decision.

(Ord. No. 2020-02, § IV(Exh. C), 1-8-2020)