Needles Municipal Code § 95.01 Variances

1. An application for a variance shall be submitted to the planning commission by filing a copy of the application with the city planner in the planning department. Applications shall be handled in the same manner as applications for special use permits.
   2. A variance may be granted by the planning commission if it concludes that strict enforcement of the ordinance codified in this part would result in practical difficulties or unnecessary hardships for the applicant and that, by granting the variance, the spirit of the ordinance codified in this part will be observed, public safety and welfare secured, and substantial justice done. It may reach these conclusions if it finds that: 1. If the applicant complies strictly with the provisions of the ordinance codified in this part, he can make no reasonable use of his property; 2. The hardship of which the applicant complains is one suffered by the applicant rather than neighbors or the general public; 3. The hardship relates to the applicant’s land, rather that personal circumstances; 4. The hardship is unique, or nearly so, rather than one shared by many surrounding properties; 5. The hardship is not the result of the applicant’s own actions; and 6. The variance will neither result in the extension or initiation of a nonconforming situation.
   3. In granting variances, the planning commission may impose such reasonable conditions as will ensure that the use of the property to which the variance applies will be as compatible as practicable with the surrounding properties.
   4. A variance may be issued for an indefinite duration or for a specified duration only.
   5. The nature of the variance and any conditions attached to it shall be entered on the face of the zoning permit, or the zoning permit may simply note the issuance of the variance and refer to the written record of the variance for further information. All such conditions are enforceable in the same manner as any other applicable requirement of this part. (Ord. 427-AC)

Neither the city council nor the planning commission is authorized to grant waivers or variances to any of the provisions of this Part III, except:

1. Only if necessary and only to the extent necessary to prevent the taking of property in violation of the federal or state constitutions by the strict applications of the requirements of this Part III; or
2. As provided in Section 95.01. (Ord. 460-AC)