(a) 
The City Council may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance. In granting a variance, the City Council shall prescribe only conditions that it deems necessary to or desirable in the public interest. In making the findings hereinbelow required, the City Council shall take into account the nature of the proposed use of the land involved, existing uses of land in the vicinity, the number of persons who will reside or work in the proposed subdivision, and the probable effect of such variance upon traffic conditions and upon public health, safety, convenience, and welfare in the vicinity. No variance shall be granted unless the City Council finds:
(1) 
That 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.
(2) 
That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant.
(3) 
That the granting of the variance will not be detrimental to the public health, safety or welfare, or injurious to other property in the area.
(4) 
That the granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this article. Such findings of the City Council, together with the specific facts upon which such findings are based, shall be incorporated into the official minutes of the City Council meeting at which such variance is granted.
(b) 
Variances may be granted only when in harmony with the general purpose and intent of this article so that the public health, safety, and welfare may be secured and substantial justice done.
(c) 
Pecuniary hardship to the subdivider, standing alone, shall not be deemed to constitute undue hardship.
(d) 
The variance process will follow the procedures set forth herein.
(Ordinance 26-747-16 adopted 4/2/2026)
(a) 
Generally.
(1) 
Variances are authorizations to depart from the strict application of the requirements herein.
(2) 
Subdivision variances are only considered in conjunction with a plat application; and
(3) 
The requirements of this section do not apply to other codes, which are subject to the requirements of the Code.
(b) 
Variance approval standards.
Variances may be granted when:
(1) 
There are circumstances specific to the property that create an undue hardship that generally do not apply to surrounding properties; such as, but not limited to, its shape, or topography;
(2) 
Special consideration is necessary to allow an applicant the same right of use enjoyed under this chapter by surrounding properties;
(3) 
Consideration is unique to the subject property and would not generally set an adverse precedent for other applications;
(4) 
The hardship is not created by the applicant; and
(5) 
A variance would not be detrimental to any adjacent properties or to public health and safety.
(c) 
Pre-application conference.
It is recommended that the applicants schedule a pre-application conference, to determine if variance alternatives are available.
(d) 
Submittal requirements.
In addition to an application, supporting documents listed in the application submittal checklist, and application fee, applicants shall provide:
(1) 
A clear description of each variance requested and the applicable code requirement;
(2) 
A plat, site plan or survey depicting the nature of each proposed variances; and
(3) 
Findings of fact describing how a variance satisfies the standards set out herein.
(e) 
City council review and action.
(1) 
Upon due consideration and review, the City Council will either approve, conditionally approve, deny, or continue the request;
(2) 
The City Council may establish conditions of approval that are deemed to be in the public interest or to assure compliance with other aspects of this, or any other, applicable city ordinance; and
(3) 
After acting on the matter, the City Council will adopt findings of fact for the council action.
(Ordinance 26-747-16 adopted 4/2/2026)