§ 42-34. Variance.

(a)

The municipal planning commission may hear and provide their preliminary report to the city council who may authorize a variance from these regulations when, in its opinion, undue hardship will result from requiring strict compliance with the ordinance. In granting a variance, the municipal planning commission and city council shall prescribe only conditions that it deems necessary to or desirable in the public interest. In making the findings hereinbelow required, the municipal planning commission and city council shall take into account the nature of the proposed subdivision, and the probable effect of such variance upon traffic conditions and upon the public health, safety, convenience and welfare in the vicinity. No variance shall be granted unless the [city council] finds:

(1)

That there are special circumstances or conditions affecting the land involved such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of his land;

(2)

That the variance is necessary for the preservation and enjoyment of a substantial property right of the applicants;

(3)

That the granting of the variance will not be detrimental to the public health, safety or welfare or injurious to other property in the area; and

(4)

That the granting of the variance will not have the effect of preventing the orderly subdivision of other land in the area in accordance with the provisions of this chapter. Such findings of the municipal planning commission and city council together with the specific facts upon which such findings are based shall be incorporated into the official minutes of the council meeting at which such variance is granted. Variances may be granted only when in harmony with the general purpose and intent of this chapter so that the public health, safety not be deemed to constitute undue hardship.

(b)

Public hearing shall be required in addressing request for variances.

(Ord. No. 05-1162, § 13, 3-28-2005; Ord. No. 12-1200, § 2, 9-10-2012; Ord. No. 15-1212, § 2(Exh. 1), 7-13-2015)