(a)
General.
(1)
Waivers and variances may be granted only when consistent with the
general purposes and intent of this chapter so that public health,
safety and welfare may be secured and substantial justice done.
(2)
Pecuniary hardship to the applicant, 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 chapter
may be granted or required if they meet all of the following requirements:
(1)
The request is a relatively insignificant deviation from the requirements
of this chapter;
(2)
The request would not have any material adverse effect on the property
rights of others;
(3)
The request would not affect applicable zoning and other regulations
of the city;
(4)
The request would, in a particular situation, enhance public safety
more than strict compliance with a provision of this chapter; and
(5)
The request would, in a particular situation, be more satisfactory
to the overall plan of the city than strict compliance with a provision
of this chapter.
(c)
Variances.
Variances to the provisions of this chapter
may be granted if the variance meets all of the following requirements:
(1)
A special individual reason makes the strict application of this
chapter impractical;
(2)
There are special circumstances or conditions affecting the land
involved such that the strict application of the provisions of this
chapter would deprive the applicant of the reasonable use of his land;
(3)
The applicant will incur specific hardships should the variance not
be granted. A hardship may result from the size, shape or dimensions
of a structure, from the location of the structure, from topographic
or physical conditions on the site or in the immediate vicinity, or
from other physical limitations, locations or traffic conditions in
the immediate vicinity;
(4)
The modification is in conformity with the intent and purpose of
this chapter;
(5)
The granting of the variance will not be detrimental to the public
health, safety, or welfare, 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; and
(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 chapter.
(Ordinance 2018-12-17-03 adopted –/–/18)
(a)
Code official.
Waivers of the strict application of
some provisions of this chapter may be approved by the code official.
(b)
Zoning and planning commission.
Variances to the provisions
of this chapter may be granted by the zoning and planning commission.
(Ordinance 2018-12-17-03 adopted –/–/18)
(a)
Waivers.
(1)
All requests for waivers shall be made in writing to the code official.
The request shall state the specific portion(s) of this chapter with
which the proposed sign will not comply and shall provide a detailed
discussion as to why the applicant wishes to deviate from this chapter.
The request shall be accompanied by supportive materials as requested
by the code official.
(2)
The code official shall review the request for completeness and accuracy
and, if the request addresses the exception in a satisfactory manner,
shall make a determination.
(3)
After a determination has been made, the code official shall provide
the applicant and the zoning and planning commission with a letter
stating the determination and noting any conditions for approval,
if applicable.
(4)
The zoning and planning commission may cancel such waiver by a simple
majority vote made within forty-five (45) days of the date the waiver
was granted.
(b)
Variances.
(1)
All requests for variances shall be made in writing to the code official.
The request shall state the specific portion(s) of this chapter with
which the proposed sign will not comply and shall provide a detailed
discussion as to why the applicant wishes to deviate from this chapter.
The request should be accompanied by supportive materials as requested
by the code official.
(2)
The code official shall review the requests for completeness and
prepare a report for the zoning and planning commission. In making
this report, the code official shall address the intent of this chapter
regulations, any unique conditions or specific hardships that would
warrant the granting of the request, and the probable effect of such
variance upon traffic conditions and upon the public health, safety,
convenience, and welfare in the vicinity.
(3)
The zoning and planning commission shall then review the request,
hold a public hearing and make a final determination. Such findings
of the commission, together with the specific facts upon which such
findings are based, shall be incorporated into the official minutes
of the commission meeting at which such variance is granted or denied.
(4)
Determinations made by the zoning and planning commission may be
appealed to the board of adjustment. The appeal must be made within
thirty (30) days of the determination.
(Ordinance 2018-12-17-03 adopted –/–/18)
No public notice is required for waiver or variance applications.
(Ordinance 2018-12-17-03 adopted –/–/18)
(a)
Expiration.
Waivers and variances expire concurrently
with the permit for which they were granted.
(b)
Zoning and planning commission determinations.
Once
a determination has been made by the zoning and planning commission
regarding a variance request, the same request may not be made to
the commission for a period of six (6) months following the determination.
(Ordinance 2018-12-17-03 adopted –/–/18)
At the time the building and development services department
accepts the variance application, the applicant shall pay the required
fee per the city’s fee ordinance.
(Ordinance 2018-12-17-03 adopted –/–/18)
