Title 16 - Buildings and Construction

16.210.060 Deviation.

1. A.
   The Planning Commission or Governing Body may, in the process of approving preliminary plats, final plats, preliminary Development plans, final Development plans, special use permits, or rezonings, approve deviations from the specific terms of this Ordinance which would not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship for the Applicant, and provided that the spirit of this Ordinance shall be observed, the public safety and welfare secured and substantial justice done for the Applicants.
2. B.
   An application for a deviation may only be granted upon a finding that all of the following conditions have been met:

   1. 1.
      That the granting of the deviation will not adversely affect the rights of adjacent Landowners.
   2. 2.
      That the strict application of the provisions of this Ordinance would constitute unnecessary hardship upon the Landowner represented in the application.
   3. 3.
      That the deviation desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare.
   4. 4.
      That granting the deviation will comply with the general spirit and intent of this Ordinance.
   5. 5.
      That it has been determined the granting of a deviation will not result in extraordinary public expense, create nuisances, cause fraud on or victimization of the public or conflict with existing local, federal, or state laws.

1.   
   Upon consideration of the factors listed above and the purposes of this Ordinance, the City may attach such conditions to the granting of deviations as it deems necessary to further the purpose of this Chapter.

3. C.
   In considering deviation applications, the City has the discretion of using any or all of the following project evaluations when, in the judgment of the Planning Commission or Governing Body, these evaluations are relevant and appropriate.  No individual or combination of evaluations are necessarily required for an application to be approved and the Planning Commission or Governing Body may weigh these evaluations in light of all relevant considerations in determining whether or not to approve an application.

   1. 1.
      That alternative standards for Stormwater management, water quality protection, and ecological preservation have been established, and/or that mitigation measures are undertaken.
   2. 2.
      That existing physical or natural characteristics of the site make strict application of the Ordinance infeasible.
   3. 3.
      That concerns for flooding, stream bank erosion, stream instability, and maintenance of culverts, bridges or other structures are addressed.
   4. 4.
      That the deviation is the minimum necessary to afford relief.
4. D.
   For City administered street construction, a request for deviation will be initiated and recommended by the Director of Public Works and must be approved by the Governing Body.  The City may consider, as part of a deviation request, the constraints posed by lack of available right-of-way, interaction with previously planned or approved Stormwater drainage systems, and the nature of surrounding land uses.

(History: Ord. SWT-2900 §4, 2011; SWT-2669 §1, 2008)

Effective on: 1/1/1901