Specific variances, unrestricted or conditional to the regulations prescribed by this title shall be reviewed by the planning commission in accordance with section 10-4-3 of this chapter for its recommendation to the board of councilmen. (Ord. 138, 1-26-1988)

   A.   Application: Application for a variance shall be made to the planning commission in writing. The applicant shall state fully the grounds of the application, the facts relied upon, and any other data pertinent to the findings prerequisite to the granting of a variance prescribed in section 10-4-3 of this chapter. The application shall be filed with the city clerk in the same procedure as a special permit to be advertised and then heard in a public hearing.

   B.   Fee: The fee shall be fifty dollars ($50.00).

   C.   Procedure For Application:

      1.   Any person requesting a variance shall file an application with the planning commission. Such application shall include:

         a.   Provisions of this title from which the property or building is sought to be excepted.

         b.   A legal description of the property involved.

         c.   Ground plans showing the location of all existing and proposed buildings.

         d.   Elevations of all proposed buildings or alterations in sufficient detail to meet all requirements.

         e.   No change shall be made in the final plan as approved by the board of councilmen.

      2.   All applications shall be verified before a notary public by the owner of the land or building or by his authorized agent.

      3.   The applicant shall present adequate evidence showing:

         a.   That there are special circumstances or conditions applying to the property under consideration which makes compliance with the provisions of this title a cause of hardship to, and an abridgement of a property right of, the owner of said property.

         b.   That such circumstances or conditions do not apply generally to other properties in the same land use district.

         c.   That the granting of the variance will not result in material damage or prejudice to the other properties in the vicinity nor be detrimental to the public health, safety and general welfare. (Ord. 138, 1-26-1988)

   A.   Request Referred: The administrator shall transmit copies of the application for a variance to the planning commission together with requests for recommendations on the proposed variance. Any variance requested by the applicant shall be made subject to study and report by the planning commission. Because of the additional time the commission may require to properly evaluate a variance request, the time for commission action may extend up to sixty five (65) calendar days.

   B.   Hearing:

      1.   The planning commission shall hold a public hearing, not later than sixty five (65) days after the filing of the application, and shall give notice of the time and place and purpose thereof by mailing a ten (10) day written notice of such hearing to the applicant, city manager and the owners of the property which lies within three hundred feet (300') in a direct line as shown on the records of the Elko County assessor's records.

      2.   The commission shall hear and consider evidence and facts from any person at the public hearing or shall consider written communication from any person relative to the variance. The right to present such evidence shall not be denied because of nonrequirement of notification as herein stipulated.

      3.   The commission may hear facts from any person appearing and may consider written communication relative to any application which states facts and are signed by submitting party.

      4.   Any protest against the granting of the variance shall be considered, but no protest or combination of protests is binding upon the commission.

   C.   Action: At the established date and time for the hearing, the commission shall hear the proposal for the application and the statements of other interested parties or affected persons. The commission may make its recommendations to the board of councilmen for approval, conditional approval, or denial of the application after considering the testimony heard and evaluating the merits of the application based upon other applicable ordinances of the city, and specifically upon the following considerations:

      1.   That there are special circumstances or conditions affecting the property that do not normally apply to other property similarly situated, and that such circumstances or conditions make it impossible or impractical to comply with this title.

      2.   That the variance is necessary for the proper design and/or function of the proposed development.

      3.   That the granting of the variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated.

      4.   That the granting of the variance is in accordance with the purposes and objectives described in chapter 1 of this title, and will not result in a change of land use in the subject zone which is first listed in a less restrictive zone or is the same in nature as a use listed in a less restrictive zone.

      5.   That the variance is necessary for the preservation and enjoyment of a substantial property right within the intent of this title because of an extraordinary hardship which would result from strict compliance with the strict literal requirement of this title.

      6.   Any such condition must be complied with and violation of the same shall result in revocation of the permission granted by the variance.

      7.   Further use shall constitute a violation of this title and shall be punishable as herein provided. (Ord. 138, 1-26-1988)

Upon receipt of the planning commission's recommendations on the application, the city clerk shall set a date for public hearing of the matter by the board of councilmen, and shall give ten (10) days' notice of hearing published as required by law to the public and property owners.

The board of councilmen shall at such public hearing on the application, consider the planning commission's recommendation and hear all evidence offered by the application and parties in interest.

At the public hearing, or within thirty (30) days thereafter, the board of councilmen shall approve or deny the variance. If the board of councilmen's decision is to approve the variance without conditions or to approve it subject to conditions agreed to by the petitioner, the variance shall be approved as provided by the board of councilmen. (Ord. 138, 1-26-1988)

In the event an application is denied by the board of councilmen, or is withdrawn after the planning commission hearing, the planning commission or board of councilmen shall not reconsider the application or any other application as it applies to the same property described in the original application, or any part thereof, within a period of one year after the date of such denial action. (Ord. 138, 1-26-1988)

   A.   Where a use, permitted by a variance permit, is not made on the property within the time specified in the permit, then without further action the permit shall be null and void and such use shall not be made of the property except on the granting of a new variance permit.

   B.   Where a use permitted by a variance permit on a property is not made on the property within one year after the date of granting thereof, then the manager shall contact the applicant to determine if development of the use is still anticipated. If the applicant no longer intends to develop such use, then without further action the permit shall be null and void and such use shall not be made of the property except upon the granting of a new variance permit.

   C.   A variance permit is void six (6) months after the use permitted by such permit is discontinued. (Ord. 138, 1-26-1988)