§ 308. Variance criteria.  


Latest version.
  • A variance from the terms of this ordinance must not be contrary to the public interest. Thus, the mayor and council may attach thereto any conditions which may be deemed advisable to the extent that the purpose of this ordinance will be served, public safety and welfare secured, and substantial justice done. The existence of a nonconforming use of neighboring land, buildings, or structures in the same or in other districts shall not constitute a reason for a variance. A variance may be granted in an individual case of unnecessary hardship upon a finding by the city council that all of the following conditions exist:

    Variance criteria:

    (1)

    There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography.

    (2)

    Such conditions are peculiar to the particular piece of property involved.

    (3)

    Such conditions are not the result of the actions of the applicant.

    (4)

    A literal interpretation of the provisions of this ordinance would create an unnecessary hardship.

    (5)

    The variance requested will not cause substantial detriment to the public good nor impair the purposes or intent of this zoning ordinance.

    (6)

    The variance is not a request to permit a structure or use of land not authorized in the applicable district.

(Ord. No. 375, § 3(Attach.), 10-1-13)