Ch10.§9-6 · City of Nowthen public records

A. The City Council may grant a variance from the regulations contained in this Chapter following a report from the Planning & Zoning Commission finding that all of the following conditions exist: 1\. There are special circumstances or conditions affecting said property, such that the strict application of the provisions of this Ordinance would deprive the applicant of the reasonable use of his/her land. 2\. The variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same district and vicinity. The possibility of increased financial return shall not in itself be deemed sufficient to warrant a variance. 3\. The granting of the variance will not be detrimental to the public welfare or injurious to the other property in the immediate area, and will not have an adverse effect upon traffic or public safety. 4\. In making a finding, the Planning & Zoning Commission shall consider the nature of the proposed use of the land and existing use of the land in the vicinity, the number of persons who reside or work in the area, and the probable effect of the proposed variance upon traffic conditions in the vicinity. B. In granting variances as herein provided, the City Council may prescribe conditions that it deems necessary to protect the public interest. C. In making a determination to issue a variance, the City Council shall find that: 1\. The proposed project will constitute a desirable and stable community development. 2\. The proposed project will be in harmony with adjacent areas.   #### 3. The variance will not be detrimental to or in conflict with the approved Comprehensive Plan of the City. D. The application for any variance shall be made in writing and addressed to the Planning & Zoning Commission and shall be submitted to the Clerk. Said application shall include the specific variance requested, the location of those variances and how it varies from the provision of this Chapter. The written application shall be submitted to the Planning & Zoning Commission for their advice and recommendations and they shall consider this request at the next regularly scheduled meeting and submit their report to the City Council at the earliest possible date, not to exceed sixty (60) days after receipt of the written application. Applications for variances from the subdivision regulations shall be accompanied by a fee as established by Section 1-2-2 of the City Code. E. If approved by the City Council, a written variance, including the legal description of the property, shall be prepared and a certified copy thereof shall be filed with the County Recorder. (Ordinance #2, adopted November 14, 2006) 10-9-7: AMENDMENTS: The City Council may introduce and consider amendments to this Chapter as proposed by the City Council, Planning & Zoning Commission, or by a petition of any person owning real estate or having documented interest therein, within the City so as to affect the said real estate. Amendments will be referred to the Planning & Zoning Commission for study and a public hearing. (Ordinance #2, adopted November 14, 2006) 10-9-8: VALIDITY: Should any Article, Section, or part of a Section of this Chapter be declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of the Chapter as a whole, or of any other part thereof. (Ordinance #2, adopted November 14, 2006) 10-9-9: ENFORCEMENT AND PENALTY: Any person, persons, firm, partnership, corporation, or other legal entity who violates any of the provisions of this Chapter shall be guilty of a misdemeanor as defined by State Law. (Ordinance #2, adopted November 14, 2006)

Ch.10 § 9-6

Amendment history