§ 18-267. Variances and appeals.

(a)

Variances. In such instance, the city council may approve such variances from the terms of this article as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of this article will, in an individual case, result in unnecessary hardship, so that the spirit of this article shall by observed, public safety and welfare secured, and substantial justice done. Such variances may be granted in such individual cases of undue hardship upon a finding by the city council that the denial of the variance presents a significant detriment to the telecommunications service provider making application, and that the denial of the variance is unsubstantially related to the public welfare.

(b)

Public hearing required. The city council may take action on a requested variance at a public hearing held in conjunction with the special exception approval, where applicable, or else take action at a public hearing that has been advertised in the same manner as a special exception.

(c)

Appeals. Applicants or persons aggrieved by the zoning administrator's interpretation of the provisions of this article, may appeal such interpretation to the city council in the same manner as prescribed for appeals in the zoning ordinance.

(Code 2006, § 18-269; Ord. of 4-6-2000(2), art. V)