(a) 
Generally.
(1) 
Waivers and variances may be granted only when in harmony with the general purposes and intent of this article so that public health, safety and welfare may be secured and substantial justice done.
(2) 
Pecuniary hardship to the builder, owner, or developer, standing alone, shall not be deemed to constitute undue hardship.
(3) 
No waiver or variance shall be granted if it would provide the applicant with any special privileges not enjoyed by owners of other similarly situated property with similarly timed development.
(b) 
Waivers.
Waivers of the strict application of this article may be granted or required if they meet all of the following requirements:
(1) 
It is a relatively insignificant deviation from the requirements of this article.
(2) 
It would not have any material adverse effect on the property rights of others.
(3) 
It does not affect applicable zoning and other regulations of the city.
(4) 
It would, in a particular situation, enhance public safety more than strict compliance with a provision of this article.
(5) 
It would, in a particular situation, be more satisfactory to the overall plan of the city than strict compliance with a provision of this article.
(c) 
Variances.
Variances to the provisions of this article may be granted if the variance meets all of the following requirements:
(1) 
A special individual reason makes the strict application of this article impractical.
(2) 
There are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this article would deprive the applicant of the reasonable use of his land.
(3) 
The applicant will incur specific hardships should the variance not be granted.
(4) 
The modification is in conformity with the intent and purpose of this article.
(5) 
The granting of the variance will not be detrimental to the public health, safety, welfare, or convenience or injurious to the property in the area.
(6) 
The granting of the variance will not create the probability of harmful environmental consequences.
(7) 
The variance will not negatively impact traffic conditions.
(8) 
The granting of the variance will not have the effect of preventing the orderly development of other land in the area in accordance with the provisions of this article.
(Ordinance 2019-08-26-02 adopted 8/26/19)
(a) 
Code official.
Waivers of the strict application of the provisions of this article may be approved by the code official or authorized designee.
(b) 
Variance granted.
Any variances to the provisions of this article shall be granted by the board of adjustment.
(c) 
Appeal to board of adjustment.
Determinations made by the code official may be appealed to the board of adjustment.
(Ordinance 2019-08-26-02 adopted 8/26/19; Ordinance 2025-06-16-02 adopted 6/16/2025)
(a) 
Waivers.
(1) 
The code official or authorized designee will review the request for completeness and accuracy and, if the request addresses the exception in a satisfactory manner, will either make a determination on the request or present the request to the BOA for a determination if appropriate.
(2) 
Determinations made by the code official or authorized designee may be appealed to the board of adjustment. The appeal must be made within 30 days of the determination.
(b) 
Variances.
(1) 
All requests for variances shall be made in writing to the code official or authorized designee. The request shall state the specific portion(s) of this article with which the proposed development will not comply and shall provide a detailed discussion as to why the owner, builder or developer wishes to deviate from this article. The request should be accompanied by supportive materials as requested by the code official or authorized designee.
(2) 
The code official or authorized designee will review the requests for completeness and prepare a report for the BOA. In making this report, the code official or authorized designee shall address the nature of the proposed use of the land involved, existing uses of land in the vicinity and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. The code official or authorized designee may forward the application to the city engineer, the fire chief, the health department, or the building inspector for review and comment.
(3) 
The BOA shall then review the request, hold a public hearing and make a final determination. Such findings of the board, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the board meeting at which such variance is granted.
(4) 
After a determination has been made, the code official or authorized designee will provide the applicant with a letter stating the determination and noting any conditions for approval, if applicable.
(Ordinance 2019-08-26-02 adopted 8/26/19; Ordinance 2025-06-16-02 adopted 6/16/2025)
(a) 
No public notice is required for waiver applications.
(b) 
Public notices are required for variance applications. Written notice of all relevant board of adjustment public hearings shall be given to the owners of all real property located within 200 feet in all directions of the property that is the subject of the hearing. Notice shall be given not less than 10 days prior to the date of the first hearing either by personal service or by depositing a copy of the notice in the mail addressed to each owner at his address shown on the last approved city tax roll, with postage prepaid.
(c) 
Such notice shall state the purpose, date, time, and place of the hearings and shall contain a brief description of the appeal or variance including its nature, scope, and location. The notice shall also state the location and times at which the applications and supporting documents are available for public inspection. A telephone number shall be provided where information on the hearing(s) is or will be available at a later date.
(d) 
In addition, notice shall be given by publication at least 10 days in advance of the hearings before the board of adjustment in an official paper or a paper of general circulation in the county.
(Ordinance 2019-08-26-02 adopted 8/26/19; Ordinance 2025-06-16-02 adopted 6/16/2025)
(a) 
Waivers and variances expire concurrently with the permit for which they were granted or after one year of the date of approval.
(b) 
Any variance granted for a structure which is not utilized within 12 months of the date of issuance shall be void unless the council grants an extension. The council may grant extensions upon written application if they find that the extension is in the public interest and the owner demonstrates that construction of the proposed structure which gave rise to the variance will commence within 90 days and that the project will be prosecuted with reasonable diligence.
(Ordinance 2019-08-26-02 adopted 8/26/19; Ordinance 2025-06-16-02 adopted 6/16/2025)