The purpose of the variance is to modify the strict application of the specific requirements of this title in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional conditions, whereby such strict application would result in practical difficulty or unnecessary hardship which would deprive an owner of the reasonable use of his or her land. The variance shall be used only where necessary to overcome some obstacle which is preventing an owner from using his or her lot as this title intended.

1. Application. A property owner may make application to the board of adjustment for a variance. Such application shall be made on forms obtained from the city zoning administrator and shall include an abstract or certificate of title, deed or other document to prove ownership of land and the application fee.
2. Public Hearing. Upon receipt of a complete application, required supportive material as set forth in subsection E of this section and submittal of the fee set by resolution by the city commission, the board shall hold a public hearing, having first given a minimum of ten (10) days notice. Such notice of the time and place of such hearing shall be published in the officially designated newspaper of the city, and the property shall be posted by an official sign provided by the city. The board shall consider and decide all applications for variances within thirty (30) days of such public hearing and in accordance with the standards provided below.
3. Standards for Variances. In granting a variance, the board shall ascertain that the following criteria are met, and presented at the public hearing or otherwise included in the record.
   1. A variance may be appropriate where, by reason of exceptional narrowness, shallowness, or shape or by reason of other exceptional topographic conditions or other extraordinary conditions on a piece of property, the strict application of any regulation enacted under this title would result in peculiar, exceptional and undue hardship on the owner of such property. The aforesaid circumstances or conditions shall be set forth in the findings of the board.
   2. Variances shall not be granted to allow a use otherwise excluded from the particular district in which requested.
   3. Any variance granted under the provisions of this section shall be the minimum adjustment necessary for the reasonable use of the land.
   4. The granting of any variance is in harmony with the general purposes and intent of this title and will not be injurious to the neighborhood, and/or detrimental to the public welfare, or in conflict with the established policies of the city.
   5. There must be proof of practical difficulty, which may be based upon sufficiently documented economic factors, but such proof shall not be based solely upon or limited to such economic factors. Furthermore, the hardship complained of cannot be self-created, nor can it be established on this basis by one who purchases with or without knowledge of the restrictions; it must result from the application of this title; it must be suffered directly by the property in question; and evidence of variance granted under similar circumstances shall not be considered.
   6. That the proposed variance will not impair an adequate supply of light and air to adjacent properties, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the adjacent neighborhood.
   7. A fee, as adopted by resolutions, due and payable prior to the public hearing, shall be paid to the zoning administrator as agent for the board to cover the costs of notices and other expenses incidental to the hearing.
   8. The applicant has proven that he or she is the owner of the property, or is his or her officially designated agent and has presented proof thereof.
4. Requirements for the Granting of a Variance. Before the 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 permit will not be contrary to the public interest;
   2. That the literal enforcement of this title will result in unnecessary or unreasonable hardship;
   3. That by granting the permit, substantial justice will be done.
      
   The board of adjustment may vote to approve, deny or approve with conditions the application for a variance.
5. Required Supportive Materials. Site Plan: three copies of a site plan must be submitted with the application. The site plan must show all data pertinent to the proposed variance, which shall include at a minimum the following:
   1. Date of drawing;
   2. Scale;
   3. North arrow;
   4. Name of person or firm who drew the plan; and
   5. Locations and dimensions of property lines, abutting rights-of-way, easements, required setbacks, off-street parking, proposed landscaping and exiting for proposed structures.
6. A variance shall be null and void two years from the date it is granted unless completion or substantial construction has taken place. The board of adjustment may extend the variance for an additional period not to exceed one year upon the receipt of a written request from the applicant demonstrating good cause for the delay.
7. If upon review by the zoning administrator, a violation of any condition, imposed in approval of a variance is found, the administrator shall inform the applicant by registered mail of the violation and shall require compliance within sixty (60) days, or the administrator will take action to revoke the permit. The administrator’s letter, constituting notice of intent to revoke variance may be appealed to the board of adjustment within thirty (30) days of its mailing. The board of adjustment shall consider the appeal and may affirm, reverse or modify the administrators notice of intent to revoke. The applicant must comply with the board of adjustment’s order on appeal of notice of intent to revoke variance within thirty (30) days of the board’s decision.

(Ord. 952 (part), 1999; Ord. 831 § 10.10, 1992)