(a) 
A variance request from the terms of an ordinance shall not be processed until the following have been complied with:
(1) 
The fees provided in this division have been paid in full;
(2) 
Completion of a written application;
(3) 
Submittal of a justification letter detailing why the requirements of the ordinance cannot be adhered with.
(b) 
When, in the judgment of the city council, the public convenience and welfare will be substantially served, the city council may grant variances to the Code of Ordinances where:
(1) 
The literal enforcement of the provision of the ordinance would result in an unnecessary and/or unreasonable hardship;
(2) 
The special conditions are not the result of the applicant’s actions, but are peculiar to the land, structure, or case involved;
(3) 
The variance is the minimum necessary; and
(4) 
No variance may be granted which is denied to similarly situated requests.
(c) 
In granting the variance, the city council may specify conditions and requirements that it deems appropriate. The city council may withdraw any variance granted upon a finding that the applicant is in violation of the specified conditions and requirements.
(Ordinance 2013-14, sec. 1, adopted 9/17/13)
(a) 
The city council shall have and collect a fee from each person, firm, association, partnership or corporation desiring to request a variance from any ordinance of the city which is not otherwise excepted from the provisions of this division.
(b) 
The fee for a variance request is as provided for in the fee schedule in appendix A of this code, payable seven days prior to any regularly scheduled city council meeting. Such fee shall be accompanied by a written statement by the applicant stating the reasons for the variance request.
(2001 Code, sec. 1.602)
The provisions of this division shall not apply to the following ordinances and amendments thereto: the zoning ordinance, the subdivision ordinance, the floodplain ordinance, or any other ordinance which has, within itself, a variance procedure.
(2001 Code, sec. 1.603)