(a) 
The city council, when petitioned for a variance, after 16 days' written notice to all property owners within 300 feet of the subject property, shall hold a hearing, and the city council may vary the application of any provision of this article to any particular case when, in its opinion, the enforcement thereof would do manifest injustice, and would be contrary to the spirit and purpose of this article or public interest, or when, in its opinion, the interpretation and recommendation of the zoning and planning commission should be modified or reversed.
(b) 
A decision of the city council to vary the application of any provision of this article shall specify in what manner such variance is made, the conditions upon which it is made and the reasons thereof.
(c) 
The applications for variances for the following sections shall be administered in compliance with the rules established by sections 38.05.031 through 38.05.034. These sections are:
(1) 
Section 22.03.168: Swimming pools (residential buildings).
(2) 
Section 22.03.171: Site disturbance (residential buildings).
(3) 
Section 22.03.207: Swimming pools (nonresidential buildings).
(4) 
Section 22.03.210: Site disturbance (nonresidential buildings).
(5) 
Section 22.03.241 through section 22.03.251: All of division 7: Off-street parking (nonresidential).
(6) 
Section 22.03.272: Minimum lot dimensions.
(7) 
Section 22.03.275: Building setbacks.
(8) 
Section 22.03.276: Setbacks for accessory structures.
(9) 
Section 22.03.278: Lot coverage.
(10) 
Section 22.03.279: Height of structures.
(d) 
The applications for waivers from the drainage and erosion control design manual shall be initially processed by the city administrator. The city administrator, when petitioned for a waiver, may approve the waiver, deny the waiver, or make an initial determination and refer the matter to city council for a variance. In deciding whether to grant a waiver, the city administrator shall consider the public health, flood safety, and the intent of the drainage and erosion control design manual. If the city administrator approves the waiver, no approval by the city council is required. The city administrator will notify the city council of all waivers approved and document the approval, with reason, in a permanent record.
The city administrator’s denial of a waiver shall then be reviewed by the city council through the review process outlined herein. The waiver that was denied shall be submitted to the city administrator no later than seven (7) calendar days prior to the city council meeting. Copies of the plan resubmitted to the city less than seven days prior to the meeting date shall not be accepted or forwarded to the city council. If the city administrator determines that the application is still incomplete or not correct, the plan application shall be subject to denial.
(Ordinance 372 adopted 9/11/19; Ordinance 2021-004, att. B, adopted 6/23/21; Ordinance 2025-005 adopted 6/25/2025)
Any person aggrieved by any decision of the city administrator denying a permit may take an appeal to the city council or the board of adjustment, depending on which entity is designated elsewhere by this code. Any appeal shall be taken within 30 days from the date of the decision appealed from by depositing a fee and by filing with the city inspector a notice of appeal, specifying the grounds in writing thereof, except that in the case of a building or structure which, in the opinion of the city inspector, is unsafe or dangerous, the city inspector may, in his order, limit the time for such appeal to a shorter period. The city inspector shall forthwith transmit to the city council or board of adjustment all the papers upon which the action appealed from was taken.
(1) 
Appeals taken to the city council.
(A) 
The city council, when appealed to from an adverse decision by the city inspector, after ten days’ written notice to all property owners within 200 feet of the subject property, shall hold a hearing, and the city council may vary the application of any provision of this division to any particular case when, in its opinion, the enforcement thereof would do manifest injustice, and would be contrary to the spirit and purpose of this division or public interest, or when, in its opinion, the interpretation of the city inspector should be modified or reversed.
(B) 
A decision of the city council to vary the application of any provision of this division, or to modify an order of the city inspector, shall specify in what manner such variance or modification is made, the conditions upon which it is made, and the reasons therefor.
(2) 
Appeals taken to the board of adjustment.
Applications for appeals from denial of permits under this chapter shall be administered in compliance with the rules established by sections 38.02.006(b) and 38.02.008.
(Ordinance 372 adopted 9/11/19; Ordinance 2021-004, att. B, adopted 6/23/21)
(a) 
A person may not proceed with any operation for which a permit or variance is required by this division unless and until authorized by permit or variance.
(b) 
If work requiring a permit/variance is begun or completed before a permit is issued/variance is approved, the city administrator shall investigate the circumstances of the failure to obtain such a permit/variance and make a report a part of the permit/variance request. A stop-work order shall be in effect until a decision on approval or denial of a variance is made. Approval of such permit/variance by the city council/city administrator shall not preclude the responsible party from being cited for a violation of this division and being fined or prosecuted in municipal court.
(c) 
If the variance application(s) are denied or withdrawn prior to approval, the applicant has ten (10) days to bring the property into compliance. If the deviation(s) are not corrected within the ten (10) days or timeframe agreed to, in writing, by the city administrator, immediate enforcement action described by section 2.02.041 of this code may be taken to bring the property into compliance. A resulting conviction in municipal court shall not relieve any person from fully complying with any other requirement of this chapter.
(Ordinance 372 adopted 9/11/19; Ordinance 2021-004, att. B, adopted 6/23/21)
No variance shall be granted under this chapter unless the following criteria are fulfilled:
(1) 
Findings.
The applicant has established by competent evidence that:
(A) 
The strict or literal enforcement of the terms of this chapter, because of special conditions, will result in unnecessary hardship to the applicant.
(B) 
There will not be unreasonable disruption of the natural terrain or unreasonable destruction of existing flora.
(C) 
There is no reasonable alternative to the requisite variance that will alleviate the difficulty or hardship complained of.
(D) 
The variance will not be greater than the minimum required to alleviate the difficulty or hardship complained of.
(2) 
ZAPCO.
The recommendation of zoning and planning commission shall include an analysis of whether:
(A) 
The variance may violate the intent of this chapter or the goals of the city’s comprehensive plan; and
(B) 
The variance may have an adverse effect on neighborhood properties, or interfere with the respective owners’ enjoyment thereof; and
(C) 
When considering variance requests for nonresidential projects in the Commercial Overlay District, whether the variance, when considered as part of the proposed project (as a whole), furthers achievement of the land planning principles set forth in the city’s master plan, attachment B, as codified in article 28.02 of this code.
(3) 
Conditions.
The city council can impose, and the zoning and planning commission can recommend imposition of, reasonable conditions upon granting a variance if the conditions are related to the subject of the variance. When considering variance requests for nonresidential projects in the commercial overlay district are necessary to achieve one or more of the land planning principles set forth in the city’s master plan, attachment B, as codified in article 28.02 of this code.
(4) 
Upon request.
Upon request of applicant, the commission may allow one postponement of the variance request(s) to the following regular meeting of the commission, at which meeting the commission must either make a recommendation or forward the variance request(s) to the city council without a recommendation.
(Ordinance 372 adopted 9/11/19)