(1)The director or his designee may grant a variance from the requirements of this ordinance if exceptional circumstances applicable to a site or premises exist such that strict adherence to the provisions of the ordinance will result in unnecessary hardship and will not fulfill the intent of the ordinance. Specifically, such variances may be granted in such individual cases of unnecessary hardship upon a finding by the director or his designee that:
(a)There are extraordinary and exceptional conditions pertaining to the particular site in question; and
(b)The variance is the minimum necessary, considering the impact on upstream and downstream properties; and
(c)The application of the ordinance to this particular site would create an unnecessary hardship; and
(d)Such conditions are peculiar to the particular site involved; and
(e)Such conditions are not the result of any actions of the site owner; and
(f)Relief, if granted, would not cause substantial detriment to the public good nor impair the purposes or intent of this ordinance.
(2)A written request for a variance shall be required and shall state the specific variance sought and the reasons, with supporting data, that a variance should be granted. The request shall include all information necessary to evaluate the proposed variance.
(3)The director or his designee will conduct a review of the request for a variance within 30 working days of receiving the request.
BE IT ORDAINED that this ordinance becomes effective upon its adoption.
BE IT FURTHER ORDAINED that all regulations or parts of regulations in conflict with this resolution are hereby rescinded to the extent of said conflict.
IT IS SO ORDAINED this 9th day of May, 2005.
____________________________ Steve, Edwards Councilmember ____________________________ Marc Cohen, Councilmember ____________________________ Clint Thompson, Councilmember ____________________________ Nick Thompson, Councilmember ____________________________ Ron Johnson, Councilmember ATTEST:
_________________________ Jane Whittington, City Clerk Submitted to Mayor: ___________________ Approved by the Mayor this ____ day of May, 2005 ____________________________ Gary Pirkle, Mayor