A. Criteria for granting variances. A variance to the provisions of this chapter may be issued by the City Council to provide relief to the landowner in those cases where the chapter imposes undue hardship or practical difficulties to the property owner in the use of this land. No use variances (uses different than those allowed in the district) may be issued.

(1) A variance may be granted only in the event that all the following circumstances exist:

(a) Exception or extraordinary circumstances apply to the properties, which do not apply generally to other properties in the same zone or vicinity and result from lot size or shape, topography or other circumstances over which the owners of property since enactment of this chapter have had no control.

(b) The literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.

(c) That the special conditions or circumstances do not result from the actions of the applicant.

(d) That granting the variance requested would not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures or buildings in the same district.

(e) That the variance requested is the minimum variance which would alleviate the difficulties. Economic conditions could be considered a hardship.

(f) The variance would not be materially detrimental to the purpose of this chapter or to other property in the same zone.

(2) The City Council may impose such restrictions and conditions upon the premises benefited by a variance as may be necessary to comply with the standards established by this chapter, or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance.

B. The following are required exhibits for variances:

(1) A preliminary building and site development plan. The City Council may also require a boundary survey of the property.

(2) Evidence of ownership or enforceable option on the property.

C. Procedures. The procedures for obtaining a variance from the regulations of this chapter are as follows:

(1) The property owner or his/her agent shall meet with the Planning Commission to explain his/her situation, learn the procedures and obtain an application form.

(2) The applicant shall file the completed application form together with the required exhibits with the City Council and shall pay a fee to cover the costs of publishing, mailing, public hearing and other administrative costs as determined by resolution of the Kellogg City Council.

(3) The City Council shall request the Planning Commission to review the variance request and provide a recommendation to the City Council for consideration at a public hearing.

(4) The City Council may dispense with the hearing required by Subsection C(3) above if the requested variance does not seek a change in current property classification and if a written consent to the proposed variance is submitted by the applicant by all property owners who own property within 100 feet from the boundary lines of the applicant's property. The City Council shall have the authority to require a public hearing even though the consent of all landowners located within 100 feet of the outer boundaries of the property have consented to the granting of said variance.

(5) The City Council shall set the date for a public hearing and shall have notice of such hearing published at least once in the legal newspaper not less than 10 days nor more than 30 days prior to the hearing. All property owners within 350 feet of the outer boundaries of the property in question shall be notified. However, failure of any property owners to receive such notification shall not invalidate the proceedings.

(6) The City Council shall hold a public hearing on the proposed variance and shall make a decision within 30 days after the public hearing. It shall take one of three actions: approval, approval with special conditions or denial.

(7) No application by a property owner for a variance shall be submitted to the City Council within a twelve-month period following a denial of such a request, except the City Council may permit a new application if, in the opinion of the City Council, new evidence of change or circumstances warrants it.