§ 22-43. Variances.

A. 

Where, in the case of a particular proposed mobile home park, it can be shown that strict compliance with the requirements of this chapter would result in extraordinary hardships to the owner because of unusual topography or other such non-self inflicted conditions, or that these conditions would result in inhibiting the achievement of the objectives of this chapter, the City council may vary, modify or waive the requirements of this chapter so that substantial justice may be done and the public interest secured; provided, that such variance, modification or waiver will not have the effect of nullifying the intent and purpose of this chapter and the master plan. In no case shall any variance, modification or waiver be more than a minimum easing of the requirements.

B. 

In granting variances, modifications and waivers, the City council may require such conditions as will, in its judgment, secure substantially the objectives of all the standards or requirements so affected.

C. 

An application for a variance shall be filed by the owner or his authorized agent upon forms provided by the planning and zoning commission. The application shall set forth and state fully the reasons and grounds for the variance and shall contain such information as the planning and zoning commission shall prescribe. Accompanying the application shall be the following:

(1) 

A map showing the property described in the application and adjoining properties and public streets and ways within a radius of three hundred feet of the exterior boundaries.

(2) 

A list of all property owners whose names and addresses appear on the latest adopted tax roll as owning property within a distance of three hundred feet of the exterior boundaries.

(3) 

Photographs, drawings and other supporting documents as may be required by the planning and zoning commission.

D. 

Before accepting an application for a variance, the planning and zoning commission shall charge and collect a filing fee. Such fee shall be established by a resolution of the City council.

E. 

The planning and zoning commission shall hold a public hearing on the application for a variance. Written notices concerning the hearings on applications for variances shall be mailed to the owners of the property and the occupants of property within a distance of three hundred feet of the exterior boundaries not less than seven days before the date of the public hearing. A public notice shall be printed in the official City newspaper at least seven days prior to the hearing. Such notice shall set forth the person requesting the variance, the intent of the variance, the legal description of the property, the street address, if applicable, any other pertinent information and the date, time and place of the public hearing.

F. 

Following the public hearing, the planning and zoning commission shall make a recommendation to the City council, either that the variance be granted or that it be denied. Such recommendation shall be adopted by an affirmative vote of not less than a majority of the members attending and voting at a meeting of the commission at which there is a quorum present (a quorum shall consist of five members of the planning and zoning commission). Any such variance shall be granted or denied by resolution of the governing body of the City.

G. 

A variance may be revoked or modified by the City council, after a public hearing, on any one or more of the following grounds:

(1) 

That approval was obtained by fraud.

(2) 

That the use for which such approval was granted has ceased to exist or has been suspended for one year or more.

(3) 

That the use for which such approval was granted is not being exercised within the time specified in such permit.

(4) 

That the permit granted is being, or recently has been, exercised contrary to the terms or conditions of such approval or in violation of any statute, resolution, law or regulation.

(5) 

That the use for which the approval was granted has been so exercised as to be detrimental to the public health or safety or as to constitute a nuisance.

H. 

Written notice of the intent to revoke shall be mailed to the owners of the property, the occupants of the property and the subdivider, not less than fifteen days before the date of the public hearing.

Amended by Ord. No. 83-7