The planning and zoning commission may authorize in specific cases such variance from the bulk requirements of this title as will not be contrary to the public interest, where owing to special conditions, a literal enforcement of the provisions of this title would result in unnecessary hardship. No nonconforming use of neighboring lands, structures or buildings in the same district and not permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the bulk provisions of this title would result in unnecessary hardship or inequity. Variance shall not be granted to allow a use within a district where such use is prohibited by this title. (Ord. 518, 6-10-2008)

An application for a variance shall be filed with the administrator by at least one owner or lessor of the property for which such variance is proposed.

   A.   At a minimum, the application shall contain the following information:

      1.    Name, address and phone number of the applicant.

      2.    Legal description of the property.

      3.    Descriptions of existing use.

      4.    Zone district.

      5.    Description of proposed variance.

      6.    Site plan, as set forth in section 12-9-5 of this title.

      7.    An objective narrative stating the reasoning for a variance and justification of the variance.

      8.    Certificate of ownership.

      9.    A list of all property owners and their mailing addresses within three hundred feet (300') of the external boundaries of the subject property.

      10.    Application fees. (Ord. 518, 6-10-2008)

   A.    Notification: At least fifteen (15) days prior to the date of the public hearing the administrator shall cause notice of the time and place and a summary of the variance request to be published in the official newspaper or paper of general circulation within the city and its impact area. Notice by first class U.S. mail shall be sent to all property owners within three hundred feet (300') of the external boundaries of the subject property at least fifteen (15) days prior to the public hearing date. The administrator shall cause notice to be posted upon three (3) distinctly visible areas of the subject site not less than seven (7) days prior to the public hearing in a clear plastic protector.

   B.    Action By The Hearing Body: The planning commission shall consider the facts and circumstances of each variance application. In order to grant a variance the commission must make the following findings:

      1.    That special conditions and circumstances exist that are peculiar to the land involved and that are not applicable to other lands in the same district.

      2.    That a literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title.

      3.    That the hardship and/or unique circumstances do not result from actions or desires of the applicant.

      4.    That granting the variance will not confer on the applicant any special privilege that is denied by this title to other lands, structures or buildings in the same district.

      5.    The relief granted by the variance will not be 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 improvement.

   C.    Conditions Of Approval: In recommending approval of any variance request, the commission may prescribe appropriate conditions in conformity with this title.

   D.    Decision: Within a reasonable time period following the public hearing the commission shall make a decision either approving, approving with conditions or deny the request for a variance. The decision shall be in writing and shall specify:

      1.    The standards used in evaluating the application.

      2.    The reason(s) for the decision. (Ord. 518, 6-10-2008)

Any person denied a variance or aggrieved by a variance decision of the planning and zoning commission may within seven (7) days following receipt of the written decision file an appeal with the administrator and pay all associated fees. Notice shall be considered to have been received three (3) days after the date of mailing.

   A.    Action By The Council: The council shall hold a public hearing, subject to the same noticing requirements as the original public hearing before the commission, to consider the appeal. The council may approve, conditionally approve or deny the variance. (Ord. 518, 6-10-2008)

Within a reasonable time period following the expiration of the appeal period the administrator shall provide written notice of the council's decision to approve, conditionally approve, or deny the variance application to the applicant. (Ord. 518, 6-10-2008)

Unless a longer time is specifically established as a condition of approval, a variance approval shall be considered void twelve (12) months following the effective date of the approval by council if construction is not being diligently pursued toward completion. (Ord. 518, 6-10-2008)