§ 32-7. Variances.

(a)

Grant by council. In connection with the preliminary or final approval of a plat or subdivision the council may grant variances from the provisions of this section. The council shall grant variances only upon finding that an unusual hardship exists as to the land within the plat or subdivision, and specifically:

(1)

That there are special circumstances or conditions affecting the property such that the strict application of the provisions of this title would deprive the applicant reasonable use of their land.

(2)

That the granting of the variance will not be detrimental to the public health, safety and welfare or injurious to other property in the territory in which property is situated.

(3)

That the variance is to correct inequities resulting from an extreme physical hardship including topography, or inadequate access to direct sunlight for solar energy systems.

A grant of a variance by the council shall be deemed to include a favorable finding on each of the variance grounds set out above even if not specifically set out in the approval resolution or the minutes of the council meeting.

(b)

Conditions. In granting a variance the council may impose conditions to ensure compliance with the purpose and objectives of this section and other applicable provisions of this Code and to protect adjacent properties. The conditions may be made a part of any development contract required by article IV of this chapter.

(Code 1992, § 810.05; Ord. No. 804, 12-13-1989; Ord. No. 1998-5, 8-26-1998; Ord. No. 2006-01, 3-6-2006; Ord. No. 2009-05, 4-21-2009; Ord. No. 2014-25 , § 2, 2-17-2015, eff. 7-1-2015)