The commission may authorize, in specific cases, such variance from the terms 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 no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for issuance of a variance unless approved by the commission. Variances shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this title would result in unnecessary hardship.

(Ord. 341, 12-1-1988, eff. 12-1-1988)

A variance from the terms of this title shall not be granted by the commission unless and until a written application for a variance is submitted to the building official and the commission containing:

1. Name, address and phone number of applicant(s);
2. Legal description of property;
3. Description of nature of variance requested; and
4. A narrative statement demonstrating that the requested variance conforms to the following standards:
   1. Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district;
   2. 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. The special conditions and circumstances do not result from the actions of the applicant; and
   4. Granting the variance requested will not confer on the applicant any special privileges that are denied by this title to other lands, structures or buildings in the same district.
5. A variance shall not be granted unless the commission makes specific findings of fact based directly on the particular evidence presented to it which support conclusions that the above mentioned standards and conditions have been met by the applicant.

(Ord. 341, 12-1-1988, eff. 12-1-1988)

Under no circumstances shall the commission grant a variance to allow a use not permissible under the terms of this title in the district involved, or any use expressly or by implication prohibited by the terms of this title in said district.

(Ord. 341, 12-1-1988, eff. 12-1-1988)

Prior to granting a variance, at least one public hearing in which interested parties shall have an opportunity to be heard shall be held. The hearing will be held with the commission which will either approve, conditionally approve or deny the application within ten (10) days after the public hearing. At least fifteen (15) days prior to each hearing, notice of the time and place shall be published in the official newspaper1 or paper of general circulation within the jurisdiction. Notice shall also be provided to neighboring property owners and/or residents adjoining the external boundaries of the land being considered. The applicant is responsible for all notices and publishing costs.

(Ord. 341, 12-1-1988, eff. 12-1-1988)

Within ten (10) days after a decision has been rendered by the commission, the building official shall provide the applicant with written notice of the action on the request. The variance will not be issued until all conditions have been satisfied and the appeal period has expired.

(Ord. 346, 4-11-1989)

All procedures governing an application for special use permit, unless otherwise specified herein, shall be governed by the Wilder administrative procedures act which shall also govern all appellate requests to the city council from decisions made by the planning and zoning commission hereunder.

(Ord. 346, 4-11-1989)

The applicant or any other real party in interest shall have twenty eight (28) days from the date of the mailing of the notice of decision by the commission, in the event of an appeal to the city council, within which to appeal the decision of the commission to a court of competent jurisdiction.

(Ord. 439, 4-13-1999)