(a) 
General.
(1) 
Waivers and variances may be granted only when in harmony 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 subdivider 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 chapter 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 chapter.
(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 chapter.
(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 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.
(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.
(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 2011-05-16-05, rev. 2, adopted 5/16/11)
(a) 
Code official and city engineer.
Waivers of the strict application of the provisions of this chapter may be approved by the code official or city engineer.
(b) 
Zoning and planning commission.
All variances to the provisions of this chapter shall be granted by the zoning and planning commission.
(c) 
Appeals to board of adjustment.
Determinations made by the building official or zoning and planning commission may be appealed to the board of adjustment.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11; Ordinance 2025-06-16-02 adopted 6/16/2025)
(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 development will not comply and shall provide a detailed discussion as to why the developer wishes to deviate from this chapter. The request shall be accompanied by supportive materials as requested by the code official or city engineer.
(2) 
The code official 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 zoning and planning commission or the board of adjustment for a determination if appropriate.
(3) 
After a determination has been made, the code official will 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 45 days of the date the waiver was granted.
(5) 
Determinations made by the code official, city engineer, or zoning and planning commission may be appealed to the board of adjustment. The appeal must be made within 30 days of the determination or cancellation.
(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 development will not comply and shall provide a detailed discussion as to why the developer wishes to deviate from this chapter. The request should be accompanied by supportive materials as requested by the code official or city engineer.
(2) 
The code official will 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 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 may forward the application to the city engineer for review and comment.
(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 recommended or granted.
(4) 
After a determination has been made, the code official will provide the applicant and the zoning and planning commission with a letter stating the determination and noting any conditions for approval, if applicable.
(5) 
Determinations made by the zoning and planning commission may be appealed to the board of adjustment. The appeal must be made within 30 days of the determination.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11; 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 zoning and planning commission meetings 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 ten (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 ten (10) days in advance of the hearings before the zoning and planning commission in an official paper or a paper of general circulation in the county.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)
Waivers and variances expire concurrently with the permit for which they were granted.
(Ordinance 2011-05-16-05, rev. 2, adopted 5/16/11)