§ 26-340. Variances for recreational vehicles, boats, etc.

(a)

Variance system established. The restrictions set out in section 26-338 are necessary for the peace, health, safety and welfare of the citizens of the city. It is recognized that there are so many kinds of recreational vehicles, boats, etc., and so many shapes and sizes of lots and land parcels within the city, that no matter what restrictions are placed upon their outdoor parking and storage, hardships will result to some owners of recreational vehicles, boats, etc., and nuisances will result to some nonowners. In an attempt to avoid such hardships and nuisances, this variance system is established.

(b)

Application. Any person desiring to locate a vehicle in a location not permitted by section 26-338 may file a petition for a variance with the planner on forms provided by the planner. The applicant shall pay a fee as set forth in section 2-724. No variances shall be given or allowed for more than the number of vehicles allowed by section 26-338.

(c)

Hearing and decisions by the board; notice.

(1)

Within 30 days after the planner determines that a variance petition is complete, and all required fees and information have been received, the zoning board of appeals, as established by chapter 36, shall conduct a public hearing and after hearing the oral and written views of all interested persons, shall make its decision at the same meeting or at a specified future meeting. Any decision granting a variance may impose conditions which the board deems necessary to ensure compliance, protect adjacent properties and promote the peace, health, safety and welfare of the citizens.

(2)

Notice of variance hearings shall be mailed not less than ten days before the date of the hearing to the person who filed the petition for variance and to each owner of property situated wholly or partially within 200 feet of the property to which the variance relates insofar as the names and addresses of such owners can be reasonably determined by the planner from records maintained by the assessor.

(d)

Appeal. The applicant, any owners to whom notice of the hearing was given, or any member of the staff of the city, may appeal a decision of the board to the council, by filing a written notice of appeal with the clerk within ten days after the date of the decision.

(e)

Hearing by council. The council, at its next regular meeting after the appeal is filed, shall set a date for hearing the appeal. Notice of the hearing shall be given in the same manner as the hearing before the board. At the hearing, all persons shall be heard who wish to be heard, in person or by a representative. At the hearing, or a specified future date, the council shall make its decision. The council's decision shall set forth its findings and reasons for granting or denying the variance, or the council may adopt, as its own, the findings and reasons of the board. On granting a variance, the council may impose conditions to the same extent as the board as set out in subsection (c) of this section.

(f)

Variance order. Each variance order shall be retained on the property to which it relates and shall be displayed at the request of any city employee.

(g)

Variance not transferable; exception. Each variance shall be limited and restricted to the stated person, vehicle and property location and may not be transferred to any other person, or be used for any other vehicle or property location. Provided, however, a variance may be transferred to another vehicle provided such vehicle is not longer, wider, taller or older than the vehicle for which the variance was initially granted.

(h)

Revocation of variance. Each variance granted may be revoked by the city for failure of the recipient to comply fully and continually with the stated conditions or for any violation of the provisions in subsection (g) of this section.

(Code 1970; Code 1992, § 1046.05; Ord. No. 1031; Ord. No. 1031-A1, 1-30-1980; Ord. of 8-26-1992, § 1045; Ord. No. 1992-1, § 1045, 11-2-1992; Ord. No. 1995-6, 8-17-1995)