§ 1806. Granting of variances

A.

The commission shall act on the application within 30 days after the close of the public hearing. The commission may grant a variance to regulations prescribed by this ordinance, as the variance was applied for or in modified form, if, on the basis of the application, investigation and evidence submitted, the commission makes the following findings:

1.

That there are special circumstances or conditions applicable to the property involved, such that strict or literal interpretation and enforcement of the specified regulation would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district.

2.

That the granting of the variance will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the vicinity and in the same zoning district.

The commission may grant a variance with respect to off-street parking or loading requirements as the variance was applied for or in modified form if the commission makes the following additional findings:

3.

That neither present nor anticipated future traffic volumes generated by the use of the site or the uses of sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation.

4.

That the granting of the variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets.

5.

That the variance will not create a safety hazard or any other condition inconsistent with the objectives of the zoning ordinance.

B.

Notwithstanding the provisions of paragraph A of this section, the commission may grant a variance with respect to off-street parking for non-residential development in order that some or all of the required parking spaces can be located offsite, including locations outside of the city limits, or that in-lieu fees or facilities be provided instead of the required parking spaces, if the variance will be an incentive to, and a benefit for the non-residential development.

C.

In approving a variance, the commission shall add such conditions of approval as it deems necessary to assure that the variance adjustment shall not constitute a grant of special privilege as described under paragraph A of this section.

D.

A variance may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the commission may prescribe. The commission may deny a variance application.

E.

A variance shall become effective ten days following the date on which the variance was granted by the commission unless an appeal is filed with the city council.

(Ord. No. 2015-01, § 1, 4-8-2015)