Any use of any building or structure or land existing as of January 31, 1992 may be continued even though such uses does not conform with the provisions of this chapter, except that a nonconforming use shall not be changed to another nonconforming use or re-established after discontinuance of more than six months; or extended except in conformity with this chapter; or rebuilt, altered, or repaired after damage exceeding 60 percent of the replacement cost at the time of destruction.

(LDC 1991, ch. 4, art. XI(1))

(a)

It shall be unlawful to use or permit the use of any building or premises or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly, in its use or structure until a certificate of occupancy shall have been issued by the building and zoning official. Such certificate shall show that such building or premises or part thereof and the proposed use thereof are in conformity with the provisions of this chapter. It shall be the duty of the building and zoning official to issue a certificate of occupancy within ten days after a request for the same shall have been filed in his office by any owner, after having determined that the building owner and the proposed use thereof conform to all requirements herein set forth.

(b)

Under such rules and regulations as may be established by the city commission, a temporary certificate of occupancy for a part of the building may be issued by the building and zoning official.

(LDC 1991, ch. 4, art. VII)

The purpose of the variance is to modify the strict application of the specific requirements of this chapter in the case of exceptionally physical conditions, whereby such strict application would result in practical, difficult or unnecessary hardship which would deprive an owner of the reasonable use of his land. The variance shall be used only where necessary to overcome some obstacle which is preventing an owner from using his property as this chapter intended.

(LDC 1991, ch. 4, art. XIV, § VII)

After written denial of a building permit from the building and zoning official, a property owner may make application for variance to the planning, zoning and appeals board. The city commission by ordinance or resolution may establish a fee for such application.

(LDC 1991, ch. 4, art. XIV, § VII(A))

Upon receipt of an application for a zoning variance, the planning, zoning and appeals board shall schedule and hold a public hearing. Notice of the time and place of the hearing shall be in accordance with standard variance notification procedures as required by section 2-87. The applicant or their designee shall attend the hearing to present any information and address any concerns of the planning, zoning, and appeals board. The planning, zoning and appeals board shall consider and decide all applications for the variances within 30 days of such public hearing and in accordance with the standards provided below.

(LDC 1991, ch. 4, art. XIV, § VII(B); Ord. No. 2012-14, § 2, 6-25-12)

In granting a variance, the planning, zoning and appeals board shall ascertain that the following criteria are met:

(1)

Variances shall be granted only where special circumstances or conditions (such as exceptional narrowness, topography, or siting) fully described in the findings of the board, do not apply generally in the district.

(2)

Variances shall not be granted to allow a use otherwise excluded from the particular district in which requested.

(3)

For reasons fully set forth in the finding of the board, the aforesaid circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of reasonable use of his land.

(4)

Any variance granted under the provisions of this section shall be the minimum adjustment necessary for the reasonable use of land.

(5)

The granting of any variance is in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood, detrimental to the public welfare, or in conflict with the comprehensive plan for development.

(LDC 1991, ch. 4, art. XIV, § VII(C); Ord. No. 2009-25, § 1, 8-24-09)

Before the planning, zoning and appeals board shall have the authority to grant a variance, the person claiming the variance has the burden of showing:

(1)

That the granting of the variance will not be contrary to the public interest;

(2)

That the literal enforcement of this chapter will result in unnecessary hardship;

(3)

That by granting the variance the spirit of this chapter will be observed; and

(4)

That by granting the variance, substantial justice will be done.

(LDC 1991, ch. 4, art. XIV, § VII(D))

(a)

Any person, firm, or corporation aggrieved by any decision of the planning, zoning and appeals board may petition the city commission to consider the same.

(b)

Such petition shall be in writing and shall state with particularity:

(1)

The name of the owner of the subject property;

(2)

A description of the subject property, including the tax number;

(3)

A statement of the petitioner's interest in the matter, including a description of affected property owned by petitioner where petitioner is not the owner of the subject property;

(4)

A statement of the variance desired or opposed, including a summary of the zoning and actual use of all property located within 300 feet of the subject property;

(5)

Upon presentation of such petition the city commission may, upon affirmative vote of not less than three city commissioners, overrule the action of the planning, zoning and appeals board, or may reject the petition. The planning, zoning and appeals board shall be required to turn over to the city commission copies of all papers acted on by it, and any other information as may be pertaining and material to show the grounds of its decision.

(LDC 1991, ch. 4, art. XIV, § VII(E))