900.01.

The Board of Adjustment shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the administrative official in the enforcement of this ordinance.

901.01.

The Board of Adjustment shall hear and decide only such special exceptions as the Board of Adjustment is specifically authorized to pass on by the terms of this ordinance; decide such questions as are involved in determining whether special exceptions should be granted; grant special exceptions with such conditions and safeguards as are appropriate under this ordinance, or deny special exceptions when not in harmony with the purpose and intent of this ordinance. A special exception shall not be granted by the Board of Adjustment unless and until:

901.01-01.

A written application for a special exception is submitted indicating the section of this ordinance under which the special exception is sought and stating the grounds on which it is requested.

901.01-02.

A public hearing is held. Any party may appear in person or by agent or attorney. The Board of Adjustment may waive the requirement for a public hearing for public and public utility uses.

901.01-03.

Notice is given at least 15 days in advance of public hearing. The owner of the property for which special exception is sought or his agent shall be notified by mail. Notice of such hearings shall be posted on the property for which special exception is sought, at the city hall, and in one other public place at least 15 days prior to the public hearing.

901.01-04.

The Board of Adjustment finds that it is empowered under the section of this ordinance described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public interest.

901.02.

Before any special exception is issued, the Board of Adjustment shall make written findings certifying compliance with the specific rules governing individual special exceptions and that satisfactory provision and arrangement has been made concerning the following, where applicable:

901.02-01.

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe.

901.02-02.

Off-street parking and loading areas where required, with particular attention to the items in 901.02-01 and the economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district.

901.02-03.

Refuse and service areas, with particular reference to the items in 901.02-02.

901.02-04.

Utilities, with reference to locations, availability, and compatibility.

901.02-05.

Screening and buffering, with reference to type, dimensions, and character.

901.02-06.

Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district.

901.02-07.

Required yards and other open space.

901.02-08.

General compatibility with adjacent properties and other property in the district, so as not to be detrimental to uses allowed by right in the district.

902.01.

The Board of Adjustment may authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. A variance is authorized only for height and size of structure or size of yards and open spaces.

902.02.

A written application for a variance shall be submitted demonstrating:

902.02-01.

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.

902.02-02.

That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance.

902.02-03.

That the special conditions and circumstances do not result from the actions of the applicant.

902.02-04.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district.

902.03.

Notice of public hearing shall be given as in section 901.01-03.

902.04.

A public hearing shall be held. Any party may appear in person, by agent, or by attorney.

902.05.

The Board of Adjustment shall make findings that the requirements of subsection 902.02 have been met by the applicant for a variance.

902.06.

The Board of Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.

902.07.

The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

902.08.

No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

902.09.

In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this ordinance and punishable under Article XIV of this ordinance.

902.10.

Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this ordinance in the district involved or any use expressly or by implication prohibited by the terms of this ordinance in said district.

903.01.

In exercising the above mentioned powers, the Board of Adjustment may, so long as such action is in conformity with the terms of this ordinance, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the building inspector from whom the appeal is taken.

903.02.

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of the building inspector to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance, or to effect any variation in the application of this ordinance.