1983-002 Council Ordinances DRAFT

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Application for a Certificate of Occupancy for a new use of land shall be made to the Zoning Official before any such land shall be so used. Such Certificate of Occupancy shall be issued within ten (10) days after this application if the use is in conformity with the provisions of this Ordinance. A record of all applications for and Certificates of Occupancy shall be kept on file. Subd. 7. Variances and Appeals. Where there are unnecessary hardships in carrying out the strict letter of the provisions of this Ordinance, an appeal may be made and a variance may be granted. The hardship(s) must have to do with the characteristics of the land and not the property owner. In considering all requests for variance of appeal and in taking subsequent action, the city shall make a finding of fact: (1) That literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance. (2) That the special conditions and circumstances do not result from the actions of the applicant. (3) That granting the variance requested will not confer on the applicant any special privilege that would be denied by this Ordinance to other lands, structures, or buildings in the same district. (4) That the proposed action will not unreasonably increase the congestion in the public street. (5) That the proposed action will not increase the danger of fire or endanger the public safety. (6) That the proposed action will not unreasonably diminish or impair established property values within the neighborhood or in any other way be contrary to the intent of this Ordinance. The city shall decide upon requests for variance by approving or denying the same in part or in whole where it is alleged by the applicant that a hardship in the reasonable use of a specific parcel of property exists. The Council may grant a variance from the strict application of this Ordinance to release such hardships. The procedure for granting variances is as follows: (1) A person desiring a variance shall fill out and submit to the Clerk a "Zoning Form," together with a fee as required in Ordinance No. 52 and all related material to document said hardship. (2) The application shall be referred to the Planning and Zoning Commission which shall submit a recommendation to the City Council. (3) The petitioner or representative shall appear before the Planning and Zoning Commission in order to answer questions. 46