§ 8.04.16. Variances

The planning and architectural review board shall recommend such variance from the terms of this ordinance as will not be contrary to the public interest and where, owing to special conditions a literal enforcement of the provisions of this ordinance will result in unnecessary and undue hardships. In order to recommend any variance from the terms of this ordinance the planning and architectural review board must and shall find each of the following criteria are met by the applicant, and the board's written findings shall be sent to the Commission:

1.

That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district;

2.

That the special conditions and circumstances do not result from the action of the applicant;

3.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings or structures in the same zoning district;

4.

That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this ordinance and would work unnecessary and undue hardship on the applicant;

5.

That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure;

6.

That the grant of the variance will be in harmony with the general intent and purpose of this ordinance, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

In recommending any variance, the planning and architectural review board may recommend appropriate conditions and safeguards in conformity with this ordinance. If adopted by the Commission, any violation of such conditions and safeguards, when made a part of the terms under which the variance is granted , shall be deemed a violation of this ordinance. The planning and architectural review board may recommend a reasonable time limit within which the action for which the variance is required shall be begun or completed or both. Under no circumstances except as permitted above shall the planning and architectural review board recommend a variance to permit use not generally or by special exception permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of this ordinance in the zoning district. No nonconforming use of neighboring lands, structures or buildings in the same zoning district and no permitted use of lands, structures or buildings in other zoning districts shall be considered grounds for the granting of a variance. The City Commission shall apply the criteria set forth herein in making its quasi-judicial decision to grant or deny a variance and shall consider the recommendation made by the planning and architectural review board.

(Ord. No. 2009-14, § 2, 9-24-09; Ord. No. 2010-08, § 1(Exh. A), 6-24-10)