§ 9.3. Variances.

The city council may authorize in specific cases such variances from the strict application of the terms of this ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement will result in unnecessary hardships, provided that the spirit of this ordinance shall be observed and substantial justice done.

No variance shall be authorized by the city council unless it finds that:

(a)

Strict application of the ordinance would produce undue hardship.

(b)

The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected.

(c)

The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance.

(d)

The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of the property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance.

(e)

The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the zoning ordinance ^[9] incorporated by reference in this ordinance.

Where a variance is granted, the city council may attach such conditions and safeguards as are deemed necessary to protect general public interest or the character of the neighborhood, and may require a guarantee or bond to assure compliance.

(Ord. No. 842, 3-13-78; Ord. No. 919, 1-8-79)

Footnotes:

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Cross reference— Zoning ordinance, App. A.