§ 8-05-120. Exceptions.

(a)

The provisions of this article shall not apply to the construction of any public works by or at the instance of the city on any public property, but it shall be the policy of the city to construct all public works consistent with the provisions of this article except in those cases where the city commission shall find it necessary in the public interest to vary therefrom.

(b)

The provisions of this article shall apply only to the street area abutting the lot or lots on which the improvements or set of improvements comprising the component unit or units of a separate individual house, apartment or business with and including all appurtenant structures and areas used in connection therewith and as a part thereof; and, in those cases where an application for a permit is made for improvements on land, or addition or alteration to improvements already situated on land, not subdivided or platted into the desired ultimate devisable units or lots hereof, then the applicant shall show on the plan submitted with the application required by this article, the proposed boundaries of the individual tract of land on which such improvements with all appurtenant structures and areas comprise the whole of the separate house, apartment or business, and such tract as shown on the plan shall constitute the "abutting property" within the meaning and scope of this article.

(c)

Where the city commission finds that extraordinary hardships may result from strict compliance with the regulations of this article, it may vary the regulations in specific cases so that substantial justice may be done and the public interest secured; provided that such variation shall not have the effect of nullifying the intent and purpose of the regulations. Prior to granting any variance from strict compliance with the regulations of this article, the planning and zoning commission of the city shall hold a public hearing and make its recommendation to the city commission. Fifteen (15) days notice of the public hearing shall be given by publication in a newspaper of general circulation within the municipality, and similar notice of the public hearing shall be mailed by first class mail to the owners, as shown by the records of the county assessor, of the lots or land within the area of the property for which the hardship variance is requested, and within two hundred (200) feet, excluding public right-of-way, of such area. An applicant for a hardship variance shall pay applicable fees under section 2-01-030(h) and (j) of this Code.

(Code 1960, § 9-7-12; Ord. No. 393, 4-11-67; Ord. No. 634-81, § 1, 9-22-81; Ord. No. 734, § 3, 8-23-88; Ord. No. 1003, § 60, 3-25-97)