§ 78-74. Requirements and procedures for variances and administrative variances.

(a)

Generally. A variance is a relaxation of the technical requirements of this chapter where such action will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, and where a literal enforcement of this chapter would result in unnecessary or undue hardship. Variance requests shall be limited to setbacks, lot coverage, building spacing requirements and parking (which cannot be varied administratively), height in the industrial districts only, and no variance that would increase flood damage on other property shall be granted unless flowage easements have been obtained from the owners of affected properties.

The city may prescribe a reasonable time limit within which the action for which the variance or administrative variance is required shall be begun, or completed, or both. Should no building permit be issued concerning the property which is the subject of the variance, then the variance issued concerning the property shall expire one year from the date the variance was approved. For good cause shown, application, in a form set by the city, may be made prior to the expiration of the one-year period for an extension of the variance. The application shall be made before the planning and zoning board, which shall make recommendations to the city council. The city council's decision shall be final and binding.

(b)

Variance. The city may grant a variance from the strict application of the above provisions of these land development regulations only if considered in accordance with the following procedures, regulations and requirements:

(1)

Property owners or their authorized representatives, who possess written authorization, shall be the only eligible applicants for variances other than the city itself. Any person desiring to undertake development activity not in conformance with these land development regulations may apply for a variance in conjunction with the application for development review.

(2)

Applications shall be received by the city in a form prescribed by the city accompanied by any necessary information or documentation supporting the request and shall be reviewed in accordance with the provisions of this chapter and applicable state law. Information supporting said request shall include:

a.

Existing land use designation(s).

b.

Existing zoning districts.

c.

Type of development proposal.

d.

Density/intensity of use.

e.

Survey of property.

f.

Subdivision plat, if platted.

g.

Variance requested.

h.

Reason and justification for variance.

i.

Information on other required permits, if any.

j.

Other information in order to explain proposal.

(3)

The zoning department shall review all submitted applications for completeness and schedule said application before the technical review committee.

(4)

The technical review committee (TRC) shall meet to consider applications for variances and shall make an initial determination of conformance with applicable regulations. Upon conclusion of the review, the TRC shall make a recommendation to the planning and zoning board and city council.

(5)

The planning and zoning board shall hold a public hearing to consider applications for variances and shall, upon conclusion of the public hearing, make a recommendation to the city council with respect to each application.

(6)

The city council shall hold a public hearing to consider the recommendations of the TRC and planning and zoning board with respect to applications for variances and shall, upon conclusion of the public hearing, determine where, owing to special conditions, a literal enforcement of the provisions of these land use regulations will result in unnecessary and undue hardship. In order to authorize any variance from the terms of these land use regulations, the city council must and shall find the following:

a.

Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings in the same district.

b.

The special conditions and circumstances do not result from the actions of the applicant and/or the property owner.

c.

Literal interpretation of the provisions of these land use regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of these land use regulations and would work unnecessary and undue hardship, but not economic hardship, on the applicant.

d.

The variance granted is the minimum variance that will make possible the reasonable use of land, structure, or building.

e.

The grant of the variance will be in harmony with the general intent and purpose of these land use regulations, and the variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

f.

Granting the variance requested will not be detrimental to adjacent property or adversely affect the public welfare.

g.

No nonconforming use of neighboring lands, structures, or buildings in other districts shall be considered grounds for the authorization of a variance.

(7)

Pursuant to the requirements of Article II of this chapter, a sign notifying the public of the intent to seek a variance shall be posted on the property.

(8)

Pursuant to the requirements of Article II of this chapter, a radius map and property ownership list shall be prepared and provided to the city, at the owner's expense.

(9)

Pursuant to the requirements of Article II of this chapter, property owners within a 1,500-foot radius of the property for which a variance is sought shall be notified of such application, by mail, in addition to any statutorily required public notice. The applicant shall bear the costs of notification to all the property owners within the 1,500-foot radius.

(c)

Administrative variance. Within the residential districts, the chief zoning official may, by administrative decision, grant an administrative variance from the strict application of these land development regulations but only in accordance with the following procedures, regulations and requirements:

(1)

Property owners or their authorized representatives, who possess written authorization, shall be the only eligible applicants for variances other than the city itself. Any person desiring to undertake development activity not in conformance with these land development regulations may apply for a variance in conjunction with the application for development review.

(2)

Applications shall be received by the city in a form set by the city accompanied by any necessary information or documentation supporting the request and shall be reviewed in accordance with the provisions of this chapter and applicable state law. Information supporting said request shall include:

a.

Existing land use designation(s).

b.

Existing zoning districts.

c.

Type of development proposal.

d.

Density/intensity of use.

e.

Survey of property.

f.

Subdivision plat, if platted.

g.

Variance requested.

h.

Reason and justification for variance.

i.

Information on other required permits, if any.

j.

Other information in order to explain proposal.

k.

Signatures of the surrounding property owners.

(3)

The zoning department shall review all submitted applications for completeness for said administrative variances and determine that:

a.

That the setback proposed is reduced not more than 20 percent of that required.

b.

That the lot coverage is not increased by more than ten percent of that allowed.

c.

That the spacing between structures is not less than five feet.

(4)

The chief zoning official will review the information and render a decision either approving, approving with modifications or conditions or denying the request.

(5)

In granting the adjustment, the chief zoning official must find:

a.

That the adjustment will be in harmony with the general appearance and character of the community.

b.

That the adjustment will not be injurious to the area involved or otherwise detrimental to the public welfare.

c.

That the proposed structure or addition for which the administrative variance is being requested is designed and arranged on the site in a manner that minimizes aural and visual impact on the adjacent residences while affording the applicant a reasonable use of the land.

(6)

A copy of said decision shall be kept on file with the city clerk and will become effective 15 days after the chief zoning official's decision, unless an appeal is filed.

(Ord. of 9-25-06; Ord. No. 2017-25, § 2, 10-3-17)