(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)
(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)