The city council shall have the following authority to vary the application and terms of this title subject to the laws of the state and subject to appropriate conditions and safeguards in harmony with the purpose and intent of this title with the public interest and the most appropriate development of the neighborhood:

   (A)   To hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with enforcement of the regulations established by this title; and

   (B)   To authorize, upon appeal in specific cases, variances from the terms of this title, where by reason of exceptional narrowness, shallowness or steepness of slope or other physical condition applying to a lot or building, the strict application of any regulation enacted herein would result in an exceptional difficulty or unnecessary hardship which would deprive the owner of the reasonable use of the land or building involved. Such relief may be granted, provided it does not substantially impair the intent and purposes of this title, and provided no variance shall authorize any use in a zoning district other than a use specifically permitted in such zoning district. (Ord. 431, 10-24-2002)

   (A)   Public Hearing; Notice; Conditions: The city council shall hold a public hearing on all applications for appeals, reviews and variances with the following special conditions required:

      1.   For application for variances to this title, the city council shall mail a written notice of said hearing at least fifteen (15) days prior to the hearing date to the applicant and to owners of property adjacent to the property in question. Failure to mail such notice to every property owner due to clerical omissions shall not affect the validity of any hearing or determination of the city council.

      2.   At least fifteen (15) days prior to the public hearing date, notice of the time and place of such hearing shall be given by at least one publication in a newspaper of general circulation within the city.

   (B)   Fee: For applications for variances to this title, the applicant shall be charged a fee to cover the cost of advertising and processing.

   (C)   Validity Of Permit: Unless otherwise stated in the city council minutes, all variance permits shall be issued and work shall commence within six (6) months from the date that such variance is granted; otherwise, the variance permit shall no longer be considered valid. (Ord. 431, 10-24-2002; amd. Ord. 534-2018, 2-15-2018)

The planning commission shall consider variances to the terms of this title which will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title will result in unnecessary hardship and under such conditions that the spirit of this title shall be observed and substantial justice done. A variance shall not be considered a right or special privilege, but may be granted to an applicant only upon showing of undue hardship because of characteristics of the site and that the variance is not in conflict with the public interest. In acting upon such variance, the planning commission shall make full investigation and shall only recommend granting a variance upon finding that the following are true:

   (A)   The granting of the variance will not be in conflict with the spirit and intent of the comprehensive plan for the city, and will not effect a change in zoning.

   (B)   There are exceptional or extraordinary physical circumstances or conditions, applicable to the property involved, or the intended use thereof causing undue hardship, which do not apply generally to the property or class of use in the district, so that a denial of the relief sought will result in:

      1.   Undue loss in value of the property;

      2.   Inability to preserve the property rights of the owner;

      3.   The prevention of reasonable enjoyment of any property right of the owner.

   Such hardship shall be proven by the owner.

   (C)   The granting of such relief 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 improvements.

   (D)   The reason for a variance was not caused by the owner's, or previous owner's, actions. (Ord. 431, 10-24-2002; amd. Ord. 534-2018, 2-15-2018)