Where the owner, or his successor in title thereto, of a plot of land consisting of one or more adjacent lots, at the time of the enactment of this ordinance, did not, at that time, own sufficient contiguous land to enable him to conform to the minimum lot size requirement of this ordinance, such plot of land may nevertheless be used as a building site. The yard and other space requirements of the district in which the piece of land is located may be reduced by the smallest amount that will permit a house of minimum acceptable size to be built upon the lot.

The front yard setback requirements of this ordinance for dwellings shall not apply on any lot where the average setback of existing buildings located, wholly or in part, within 300 feet on each side of such lot within the same block and zoning district and fronting on the same side of the street is less than the minimum required setback. In such cases, the setback on such lot may be less than the required setback, but not less than the average of the aforementioned existing buildings.

The height limitations of this ordinance shall not apply to spires, belfries, cupolas, domes, dormers and other architectural features not intended for human occupancy; nor to monuments, water towers, transmission towers, chimneys, smokestacks, derricks, conveyors, flagpoles, radio or television towers or aerials.

(Ord. No. 2024-004, § 13, 9-10-2024)

(1)

A manufactured home may be placed in a residential district as provided herein upon the issuance of a special use permit.

(2)

A manufactured home or industrialized building may be parked and occupied in any general business, industrial, or special institutional district only where a building permit or permits for the construction of a building have been applied for and where its function is that of an office or for storage or related purposes. Such a manufactured home or industrialized building shall not be occupied for dwelling purposes. Such use shall require a special use permit and will not exceed a six-month duration.

(1)

The city council may authorize upon request in specific cases such variance from the terms of these regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of provisions of these regulations will, in an individual case, result in unnecessary hardship, so that the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done. Provided, however, that a variance shall not be granted for a use of land, building or structure that is prohibited by this ordinance in the district in question. Such variance may be granted in an individual case upon finding by the city council that all of the following exists:

(a)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography;

(b)

The application of these regulations to this particular piece of property would create an unnecessary hardship;

(c)

Such conditions are peculiar to the particular piece of property involved;

(d)

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of these regulations; and

(e)

The city council may impose or require such additional restrictions and standards (i.e., increased setbacks, buffer strips, screening, etc.) as may be necessary to protect the health and safety of residents and workers in the community, and to protect the value and use of property in the general neighborhood.

(2)

Request for variances and procedures for hearing shall be subject to the same procedures as request for zoning amendments.

7.5.1.

Minor variance. When an applicant requests a variance for any numeric criteria required under this ordinance by 20 percent or less, it shall be considered a minor variance. The planning commission shall be authorized to grant such minor variance upon a finding that the criteria listed in subsection (1) above are met. The legal advertisement for such hearing shall state the time, place and purpose of the public meeting at which the planning commission shall consider such request. Such legal advertisement shall be not less than 30 and not more than 45 days prior to the date of the public meeting, and an additional notice shall be mailed to the owner of the property that is the subject of the proposed action. At such meeting, the applicant will be allowed at least ten minutes to present data, evidence and opinion to the planning commission prior to its rendering a decision with an equal period of time given to opponents of the proposed variance. In the event any party is aggrieved by the decision of the planning commission, the decision may be appealed in a manner consistent with the provisions of section 6.5 of this ordinance.

7.5.2.

Fee. Each applicant for a variance shall pay a base fee of $300.00 as established by the mayor and city council to defray administrative and notification costs. Additional fees may be required as indicated on the fee schedule set by the mayor and city council.

(Ord. No. 2023-ORD-003, § 6, 6-6-2023; Ord. No. 2024-004, § 14, 9-10-2024)