A.   Board Created: There is hereby created the zoning board of adjustment.

   B.   Purpose: The purpose of the board is to review applications regarding criteria for granting of special exceptions, conditional use permits, or variances; to decide citizens' appeals of orders, requirements, decisions, or determinations made by planning services staff; and to hear cases given by applicants and decide whether the request should be granted based on the criteria set forth in the zoning ordinance.

   C.   Internal Organization And Rules: The board may adopt rules and regulations to govern its organizational procedures as may be necessary and which are not in conflict with this code or the Iowa Code.

   D.   Procedures For Operation: All administrative, personnel, accounting, budgetary, and procurement policies of the city govern the board in all its operations.

   E.   Membership:

(Ord. 69-15, 11-2-2015)

(Ord. 69-15, 11-2-2015)

Appeals may be made by any person aggrieved or any municipal officer, department, board or bureau affected by any order, requirement, decision, or determination made by an administrative official in the enforcement of this title. (Ord. 52-09, 10-19-2009)

Appeals may only be filed within thirty (30) days immediately following the date of the administrative action which is the subject to the appeal. An appeal is filed by delivering to the administrative office involved and to the board a completed notice of appeal, together with the required fee. Official notice of appeal forms shall be available without cost from the city planner. The notice of appeal must, in addition to all other information required by the form, specify the particular grounds for the appeal. The officer from whom the appeal is taken shall forthwith transmit to the board all documents constituting the record upon which action appealed from was taken. (Ord. 52-09, 10-19-2009)

An appeal stays all proceedings in accordance with Iowa Code section 414.11. (Ord. 52-09, 10-19-2009)

The zoning board of adjustment may allow as conditional uses only those uses classified as conditional uses in this title. No conditional use shall be allowed in a particular district unless such use is specifically permitted as a conditional use in the regulations for that district, except as provided in chapter 4 of this title, and the board shall not act upon any conditional use permit application unless and until the requirements for each conditional use within the specific district in which it is located have been met. (Ord. 52-09, 10-19-2009)

   A.   Any person may file an application to use property for one of the conditional uses permitted in the district in which the property is located. All applications for a conditional use permit shall be made upon the official form for such applications which shall be available from the planning services department.

   B.   Review of the application for a conditional use permit may be obtained by delivering the completed application form to the planning services department together with payment of the required fee.

   C.   The board may require the applicant for a conditional use permit to supply any further information beyond that contained in the application where it reasonably considers such information necessary to make the determinations required by section 16-8-5-4 of this chapter. (Ord. 52-09, 10-19-2009)

Following receipt of the completed application form the board shall, with due diligence, hold a public meeting to consider the application for a conditional use permit. Notice of the time and place of the public hearing shall be published in the newspaper of general circulation at least seven (7) days and not more than twenty (20) days prior to such hearing. The board shall direct and require verification that notice of the time and place of the meeting has been sent by first class mail to all owners of property within two hundred feet (200') of the property at which the conditional use permit is sought. At the public meeting, all interested parties shall be afforded a reasonable opportunity to appear and express their views on the application, either in person or by agent. A record of such meeting shall be entered into the minutes of the board. (Ord. 52-09, 10-19-2009)

No conditional use permit shall be granted unless the board determines on the basis of specific information presented at the public meeting or contained in the application for such use that each of the following conditions has been satisfied:

   A.   The proposed conditional use will comply with all applicable regulations of this title, including lot requirements, bulk regulations, use limitations, and all other standards or conditions contained in the provisions authorizing such use.

   B.   Adequate utility, drainage and other necessary facilities or improvements have been or will be provided.

   C.   Adequate access roads or entrances and exit drives will be provided and will be designed so as to prevent traffic hazards and to minimize traffic conflicts and congestion in public streets and alleys.

   D.   The use shall not commence until applicant has provided written evidence that all necessary permits and licenses required for the operation of the conditional use have been obtained.

   E.   All exterior lighting fixtures are shaded wherever necessary to avoid casting direct light upon any property located in a residential district.

   F.   The location and size of the conditional use, the nature and intensity of the activities to be involved or conducted in connection with it, the size of the site in relation thereto, and the location of the site with respect to streets giving access to the conditional use, shall be such that it will be in harmony with the appropriate and orderly development of the district and neighborhood in which it is located.

   G.   The location, nature and height of buildings, structures, walls, and fences on the site and the nature and extent of landscaping and screening on the site shall be such that the use will not reasonably hinder or discourage the appropriate development, use and enjoyment of the adjacent land, buildings and structures.

   H.   The proposed conditional use will not cause substantial injury to the value of other property in the neighborhood in which it is located and will contribute to and promote the convenience and welfare of the public. (Ord. 52-09, 10-19-2009)

   A.   Imposition Of Conditions And Restrictions: In granting a conditional use permit, the board may impose any conditions or restrictions it reasonably considers necessary to ensure full compliance with the standards of section 16-8-5-4 of this chapter to reduce or eliminate any detrimental effect of the proposed conditional use permit upon the neighborhood or the district, or to carry out the general purposes and intent of this title.

   B.   Modification Of Conditions And Restrictions: Any subsequent change or modification of a condition or restriction imposed by the zoning board of adjustment in granting a conditional use permit must be approved in the same manner and with the same requirements as the original application for a conditional use permit.

   C.   Violation Of Conditions And Restrictions: A violation of such conditions and restrictions, when made a part of the terms under which the conditional use permit is granted, shall be deemed a violation of this title. (Ord. 52-09, 10-19-2009)

The board shall render a written decision on an application for a conditional use permit after the close of the meeting. The decision of the board shall contain specific findings of fact supporting the granting or denial of the conditional use permit and shall clearly set forth any conditions or restrictions imposed pursuant to section 16-8-5-5 of this chapter. The board shall maintain the record of all actions with respect to applications for conditional use permits and shall notify the city council of their decisions on each application. (Ord. 52-09, 10-19-2009)

   A.   No conditional use permit granted by the board shall be valid for a period longer than two (2) years from the date on which the board grants the permit, unless within such two (2) year period:

      1.   A building permit is obtained and the erection or alteration of a structure is started, or

      2.   An occupancy permit is obtained, if required, and the use is commenced.

   B.   The board may grant a maximum of one extension not exceeding six (6) months, upon written application, without notice of hearing. (Ord. 52-09, 10-19-2009)

Minimum parking requirements, where applicable, for conditional use permit uses shall be regulated in conformance with the provisions of chapter 14 of this title unless otherwise provided by the zoning board of adjustment. (Ord. 52-09, 10-19-2009)

Signs for conditional use permit uses shall be regulated in conformance with the provisions of chapter 15 of this title unless otherwise provided by the zoning board of adjustment. (Ord. 52-09, 10-19-2009)

Accessory dwelling unit. One accessory dwelling unit may be allowed on a lot in the R-1, R-2, R-2A, R-3, R-4, OR, OC, and C-1 districts in accordance with the following conditions:

   A.   Shall be located on the same zoning lot as the principal dwelling;

   B.   Either the principal dwelling or the accessory dwelling shall be owner- occupied;

   C.   Shall be incidental and subordinate to the principal dwelling as an accessory use;

   D.   The principal dwelling shall be a single-family detached dwelling;

   E.   Shall not exceed fifty percent (50%) of the building footprint of the principal dwelling or six hundred (600) total gross square feet, whichever is less;

   F.   Shall be in compliance with all applicable city housing, fire and building codes for use as a complete, independent living facility with provisions for a separate entrance, cooking, eating, sanitation, and sleeping;

   G.   Shall comply with the applicable bulk regulations for the district in which it is located; and

   H.   Shall provide one off street parking space.

Animal hospital/clinic. An animal hospital or clinic may be allowed in the C-2 and C-2A districts in accordance with the following conditions:

   A.   All operations and activities shall be conducted and maintained within a completely enclosed building.

Bar or tavern.

   A.   A bar/tavern may be allowed in the CR district in accordance with the conditions established by the zoning board of adjustment as part of the ordinance approving such use.

   B.   A bar/tavern may be allowed in the OC district in accordance with the following conditions:

      1.   A maximum area of two thousand two hundred (2,200) square feet in gross floor area shall not be exceeded;

      2.   Any outdoor seating shall be accessory to the indoor operation;

      3.   Opaque screening shall be provided for adjacent first floor residential uses in conformance with the landscaping requirements of chapter 13 of this title.

Bed and breakfast home. A bed and breakfast home may be allowed in the R-1, R-2, R-2A, R-3, R-4, OR and OC districts in accordance with the following conditions:

   A.   The structure is either regulated by chapter 10 of this title or is listed on the national register of historic places;

   B.   When located within the R-1, R-2, R-2A districts, the use shall be maintained within an owner occupied, single- family dwelling. When located within the R-3, R-4, OR, or OC district, the use shall be maintained by a full time resident owner or resident manager;

   C.   The structure has a minimum total floor area of four thousand five hundred (4,500) square feet, with not more than one sleeping room for each seven hundred fifty (750) square feet of floor area;

   D.   There shall be a maximum of three (3) sleeping rooms in the R-1 and R-2A districts, five (5) sleeping rooms in the R-2 district; nine (9) sleeping rooms in the R-3, R-4, OR and OC districts;

   E.   Signage shall be limited to one wall mounted sign not to exceed six (6) square feet in area, not internally illuminated, and with direct lighting only with a cutoff type luminaire;

   F.   The property shall not be used for rental as a private club, museum, or tour home; and

   G.   Parking shall be provided at a rate of one space per guestroom. The parking shall be provided on site or on a street frontage of the property, and should not intensify parking problems in the neighborhood.

Bed and breakfast inn. A bed and breakfast inn may be allowed in the R-4, OR, and OC districts in accordance with the following conditions:

   A.   The structure is either regulated by chapter 10 of this title or is listed on the national register of historic places;

   B.   The property has a full time resident owner or resident manager;

   C.   The structure has a minimum total floor area of four thousand five hundred (4,500) square feet, with not more than one sleeping room for each seven hundred fifty (750) square feet of floor area, with a maximum of nine (9) sleeping rooms;

   D.   Signage shall be limited to one wall mounted, projecting sign with not more than a forty inch (40") projection, or freestanding sign, per street frontage, not internally illuminated, and with direct lighting only with a cutoff type luminaire. Signage in the R-4 district shall not exceed six (6) square feet in area; signage in the OR and OC districts shall not exceed eight (8) square feet in area;

   E.   The property shall not be used for rental as a private club, museum, or tour home unless approved by the board; and

   F.   Parking shall be provided at a rate of one space per guestroom. The parking shall be provided on site or on a street frontage of the property, and should not intensify parking problems in the neighborhood.

Car wash. A car wash may be allowed in the C-4 district in accordance with the conditions established by the zoning board of adjustment.

Car wash, self-service. A self-service car wash may be allowed in the C-2 district in accordance with the following conditions:

   A.   A minimum of three (3) stacking spaces per bay shall be provided;

   B.   Ingress and egress traffic flow shall be acceptable to the city site plan review team; and

   C.   Opaque screening shall be provided for adjacent residential uses in conformance with the landscaping requirements of chapter 13 of this title.

Gas station.

   A.   A gas station may be allowed in the CR district in accordance with the conditions established by the zoning board of adjustment.

   B.   A gas station may be allowed in the C-1 District in accordance with the following conditions:

      1.   The use shall not include a service station.

Grain or barge terminal. A grain/barge terminal may be allowed in the MHI District in accordance with the following conditions:

   A.   A site plan shall be submitted and approved as provided in chapter 12 of this title.

Group home. A group home may be allowed in the R-3, R-4, and OR Districts in accordance with the following conditions:

   A.   Not less than six hundred fifty (650) square feet of lot area shall be provided per resident; and

   B.   When located within the R-3 and R-4 Districts, signs shall not be permitted.

Hospice. A hospice may be allowed in the R-2, R-2A, R-3, and R-4 Districts in accordance with the following conditions:

   A.   Signs shall not be permitted.

Housing for the elderly or persons with disabilities. A housing facility for the elderly or persons with disabilities may be allowed in the R-3 and R-4 Districts in accordance with the following conditions:

   A.   The number of units shall be established by the Zoning Board of Adjustment.

Individual zero lot line dwelling. A single-family dwelling may be allowed to be built on a lot with a zero setback in the R-3 District in accordance with the following conditions:

   A.   The adjoining property owner, on the zero lot line side, consents to the property line location and provides written evidence of a minimum five foot (5') maintenance easement prior to board review;

   B.   The overhang of roofs shall not extend across the property line; and

   C.   A minimum of six feet (6') shall be maintained between homes and other structures.

Indoor restaurant. An indoor restaurant may be allowed in the C-1 District in accordance with the conditions established by the Zoning Board of Adjustment.

Keeping of horses or ponies. Horses and ponies may be allowed to be kept on properties located in the R-1 District in accordance with the following conditions:

   A.   They are located on the same lot as an accessory use to a single-family residential dwelling;

   B.   A minimum of two (2) acres of property is available for the first horse or pony;

   C.   A minimum of one and one-half (11/2) acres of additional property is available for an additional horse or pony, up to a maximum of two (2) horses or ponies; and

   D.   A shelter of at least one hundred fifty (150) square feet and enclosed on at least three (3) sides shall be provided on the property.

Kennel. A kennel may be allowed in the AG District in accordance with the conditions established by the Zoning Board of Adjustment.

Licensed adult day services. A licensed adult day services facility may be allowed in the R-1, R-2, R-2A, R-3, R-4, OR, OS, OC, C-1, C-2, C-2A, C-3, C-4, C-5, CS, CR, LI, HI, MHI and RROD Districts in accordance with the following conditions:

   A.   Such facility shall supply loading and unloading spaces so as not to obstruct public streets or create traffic or safety hazards;

   B.   State certification has been granted or applied for and is awaiting the outcome of the State's decision; and

   C.   Signage shall be limited to two (2) non-illuminated freestanding signs not to exceed thirty two (32) square feet in area and ten feet (10') in height.

Licensed childcare center. A licensed childcare center may be allowed in the R-1, R-2, R-2A, R-3, R-4, and RROD Districts in accordance with the following conditions:

   A.   Such facility shall supply loading and unloading spaces so as not to obstruct public streets or create traffic or safety hazards;

   B.   All licenses have been issued or have been applied for and are awaiting the outcome of the State's decision; and

   C. When located within the R-1, R-2, R-2A, R-3, R-4, or RROD districts, signage shall be limited to one (1) non-illuminated, wall mounted sign not to exceed four (4) square feet in area.

Medical office. A medical office may be allowed in the C-1 District in accordance with the conditions established by the Zoning Board of Adjustment.

Mortuary, funeral home or crematorium. A mortuary, funeral home or crematorium may be allowed in the R-1, R-2, R-3, and R-4 Districts in accordance with the conditions established by the Zoning Board of Adjustment.

Multi-family dwelling thirteen (13) or more units. A multiple- family dwelling with thirteen (13) or more units may be allowed in the R-4 District in accordance with the following conditions:

   A.   The number of units shall be established by the Zoning Board of Adjustment.

Nursing or convalescent home. A group home may be allowed in the R-3 and R-4 Districts in accordance with the following conditions:

   A.   The number of units shall be established by the Zoning Board of Adjustment.

Off premises residential garage. An off premises residential garage may be allowed in the R-2A, R-3, R-4, and OR District in accordance with the following conditions:

   A.   Such use shall be incidental and subordinate to a permitted residential use and located on a lot within three hundred feet (300') of the residential use it serves;

   B.   Such use shall be owned and maintained by the property owner of the residential use it serves;

   C.   Such use shall be designed, constructed and maintained in harmony with the residential setting in which it is located;

   D.   No such use shall exceed seven hundred twenty (720) square feet of floor area per dwelling unit served, or have a height in excess of fifteen feet (15');

   E.   No commercial storage, sales or home based business shall be permitted within such structure;

   F.   No outside storage shall be permitted in conjunction with such use; and

   G.   A site plan shall be submitted and approved as provided in chapter 12 of this title.

Off street parking. The off street parking of operable automobiles may be allowed in the R-1, R-2, R-2A, R-3, R-4, C-4, OR, OS, and OC districts in accordance with the following conditions:

   A.   The off street parking shall only serve an abutting permitted or conditional use on a lot located in any district except C-4. Off street parking, when located in the C-4 district, shall only serve an abutting permitted or conditional use on a lot located within the C-4 district;

   B.   No structure other than a screening or security fence or wall shall be erected on the premises;

   C.   Signage shall be limited to one freestanding sign of no more than six (6) square feet in size per drive opening, identifying the parking use, providing directions or marking entrances and exits thereto;

   D.   A site plan shall be submitted and approved as provided in chapter 12 of this title;

   E.   Such use shall be compatible in design, construction and maintenance with the residential setting in which it is located; and

   F.   No outside storage shall be permitted in conjunction with such use.

   G.   Within the OC district, the off street parking shall only serve an abutting permitted or conditional use on a lot located in the OC district. Signs within the OC district may be no more than eight (8) square feet in size.

Outdoor recreation or outdoor amusement center. An outdoor recreation facility or outdoor amusement center may be allowed in the C-3 district in accordance with the following conditions:

   A.   The hours of operation shall be limited, eight o'clock (8:00) A.M. to twelve o'clock (12:00) midnight, unless further limited by the zoning board of adjustment.

Passenger transfer facility. A passenger transfer facility may be allowed in the C-2, C-3, C-4, and C-5 districts in accordance with the following conditions:

   A.   Such facility shall provide for the loading and unloading of passengers so as not to obstruct public streets or alleys or create traffic or safety hazards; and

   B.   That adequate indoor waiting area is provided.

Pet daycare or grooming. A pet daycare may be allowed in the C-2 and C-2A districts in accordance with the following conditions:

   A.   All operations and activities shall be conducted within a completely enclosed building.

Photographic studio. A photographic studio may be allowed in the OR district in accordance with the conditions established by the zoning board of adjustment.

Private club. A private club may be allowed in the OR, OS, and OC districts in accordance with the conditions established by the zoning board of adjustment.

Quarry. A quarry may be allowed in the AG agriculture district in accordance with the following conditions:

   A.   Submittal Requirements:

      1.   Name and address of the person/company requesting the conditional use permit.

      2.   The legal property description and acreage of the area to be quarried.

      3.   Submittal of an existing conditions map to include existing vegetation, existing drainage and permanent water areas, existing structures and existing wells.

      4.   A layout plan depicting the proposed operations to include structures to be erected, location of sites to be excavated showing depth of the proposed excavation, location of vehicle access to the public street system, vehicle parking, and location of storage of explosives.

      5.   A soil erosion and sediment control plan.

      6.   A plan for dust and noise control.

      7.   Any other information requested by the zoning board of adjustment or city staff.

   B.   New Or Expanded Quarry: The following requirements will apply to a new or expanded quarry:

      1.   Setbacks:

         a.    Mining and quarry operations, excavation of the quarry face, processing of materials, and material storage and equipment storage shall not be conducted closer than one hundred feet (100') to the property line or closer than three hundred feet (300') to any residential district.

         b.    Mining or quarry operations, and excavation of the quarry face, shall not be conducted closer than one hundred feet (100') to the right of way line of an existing or platted street, road or highway, except that excavating may be conducted within such limits in order to reduce the elevation thereof in conforming to the existing or platted streets, roadway or highway.

      2.   Storage: All materials storage and equipment storage and/or use shall be a minimum of one hundred feet (100') from any public road right of way.

      3.   Parking: The minimum required off street parking will be one space for each employee plus one space for each vehicle used on site.

      4.   Access Gates: All access points shall be gated and signed with appropriate warning messages.

      5.   Paving Requirements: All access drives and vehicle parking and circulation areas connecting the quarry operation with public streets must be paved in a manner acceptable to the city engineer and city planner. This requirement is necessary to prevent quarry material from being deposited on public streets.

      6.   Water Resources:

         a.    The quarry operation shall not be allowed to interfere with surface water drainage beyond the boundaries of the operation.

         b.    Surface water originating outside and passing through the quarry shall, as point of departure from the site, be of equal quality of the water where it enters the site.

      7.   Site Plan Approval: A site plan shall be submitted for review and approval as provided in chapter 12 of this title with the following conditions:

         a.    After receiving approval for a conditional use permit,

         b.    Prior to the issuance of any building permit,

         c.    Prior to commencement of any construction, grading or other land development activity.

      8.   State Code Compliance: Applicants desiring to operate a quarry must meet all requirements from chapters 208 and 101A of the code of Iowa as well as all other pertinent rules, regulations, or administrative policies as administered by the office of state fire marshal or other state or federal agencies.

      9.   Land Rehabilitation: Rehabilitation shall be completed within the standards prescribed by the Iowa department of natural resources in compliance with provisions set forth in the code of Iowa.

Recreational use. Recreational uses may be allowed in the POS district in accordance with the following conditions:

   A.   The use shall not be of a nature which would attract large numbers of participants requiring the provisions of off street parking; and

   B.   The use may provide permanent equipment or facilities.

Residential use. A residential use may be allowed in the HI, MHI and LI districts in accordance with the following conditions:

   A.   The building in which the residential use is to be located contains no existing industrial use and will be prohibited from having an industrial use as long as the residential use is active; and

   B.   A minimum of six hundred fifty (650) square feet of area be provided for each unit.

Residential wind energy conversion system. A residential wind energy conversion system may be allowed in a residential or office district in accordance with the requirements established in section 16-7-3 of this title.

Restaurant. A restaurant may be allowed in the OC district in accordance with the following conditions:

   A.   Carryout items shall not be dispensed through any drive-through or walk-up window;

   B.   Any outdoor seating shall be accessory to the indoor operation; and

   C.   Opaque screening shall be provided for adjacent first floor residential uses in conformance with the landscaping requirements of chapter 13 of this title.

Restaurant, drive-in or carryout:

   A.   A drive-in/carryout restaurant may be allowed in the CR district in accordance with the conditions established by the zoning board of adjustment.

   B.   A drive-in/carryout restaurant may be allowed in the C-2 and C-4 districts in accordance with the following conditions:

      1.   Opaque screening shall be provided for adjacent residential uses in conformance with the landscaping requirements of chapter 13 of this title.

Retail sale of agricultural products. The retail sale of agricultural products may be allowed in the AG district in accordance with the conditions established by the zoning board of adjustment.

Retail sales and service. A retail sales and service use may be allowed in the HI district in accordance with the following conditions:

   A.   Retail sales and service activities shall not be permitted in an area where parking and pedestrian traffic is likely to conflict with on site or adjacent industrial users; and

   B.   If located within an actively used industrial building, the retail use is fully separated from any industrial uses.

Rooming or boarding house. A rooming/boarding house may be allowed in the R-3, R-4, and OR districts in accordance with the following conditions:

   A.   The house provides an on site resident manager; and

   B.   The number of units shall be determined by the zoning board of adjustment.

Small wind energy conversion system. A small wind energy conversion system may be allowed in a commercial, industrial, agricultural, planned unit development, or institutional district in accordance with the requirements established in section 16-7-3 of this title.

Tour home. A tour home may be allowed in the R-1, R-2, R-2A, R-3, R-4, OR, and OC districts in accordance with the following conditions:

   A.   The structure is either regulated by chapter 10 of this title or listed in the national register of historic places; and

   B.   Signage shall be limited to one wall mounted sign, not to exceed six (6) square feet in area, not internally illuminated, and with direct lighting only with a cutoff type luminaire.

Tourist home. A tourist home may be allowed in the R-1, R-2, R-2A, R-3, R-4, and OR districts in accordance with the following conditions:

   A.   Signs shall not be permitted; and

   B.   Maximum occupancy of two (2) persons per bedroom.

Vehicle body shop. A vehicle repair/body shop may be allowed in the C-4 District in accordance with the conditions established by the Zoning Board of Adjustment.

Vehicle sales or rental. A vehicle sales or rental facility may be allowed in the C-4 District in accordance with the conditions established by the Zoning Board of Adjustment.

Vehicle service or repair. A vehicle service or repair facility may be allowed in the C-4 District in accordance with the conditions established by the Zoning Board of Adjustment.

Winery. A winery may be allowed in the AG District in accordance with the conditions established by the Zoning Board of Adjustment. (Ord. 52-09, 10-19-2009; amd. Ord. 47-14, 7-21-2014; Ord. 35-15, 5-18-2015; Ord. 38-17, 8-21-2017; Ord. 54-19, 12-16-2019; Ord. 20-22, 5-20-2022; Ord. 44-23, 9-18-2023)

   A.   Any person owning property may apply for a variance from the literal enforcement of the bulk regulation provisions including parking and sign requirements of this title for the property or structure involved. All applications for a variance shall be made on the official form for such applications which shall be available from the Planning Services Department.

   B.   Review of the application for a variance may be obtained by delivering the completed application form to the Planning Services Department together with payment of the required fee.

   C.   Prior to its review, the board may require the applicant for a variance to supply any further information beyond that contained in the application where it reasonably considers such information necessary to make the determination. (Ord. 52-09, 10-19-2009)

Following receipt of a completed application the board shall, with due diligence, consider such application at a public meeting. Notice of the time and place of the public hearing shall be published in the newspaper of general circulation at least seven (7) days and not more than twenty (20) days prior to such hearing. The board shall direct and require verification that notice of the time and place of the meeting has been sent by first class mail to all owners of property within two hundred feet (200') of the property for which the variance is sought. At the public meeting, all interested parties shall be afforded a reasonable opportunity to appear and express their views on the application, either in person or by agent. A record of such meeting shall be entered into the minutes of the board. (Ord. 52-09, 10-19-2009)

   A.   The board shall grant a variance only under exceptional circumstances where practical difficulty or unnecessary hardship is so substantial, serious and compelling that relaxation of the general restrictions ought to be granted. No variance shall be granted unless the applicant shall show and the board shall find that:

      1.   The particular property, because of size, shape, topography or other physical conditions, suffers singular disadvantage, which disadvantage does not apply to other properties in the vicinity; and

      2.   Because of this disadvantage, the owner is unable to make reasonable use of the affected property; and

      3.   This disadvantage does not exist because of conditions created by the owner or previous owners of the property; and

      4.   Granting the variance requested will not confer on the applicant any special privilege that is denied to other lands, structures, or buildings in the same district; and

      5.   Granting of the variance will not be contrary to the public interest, will not adversely affect other property in the vicinity, and will be in harmony with the intent and purpose of the provision waived.

   B.   In passing a variance, the board shall not consider prospective financial loss or gain to the applicant.

   C.   A variance shall not be allowed within the RHOD Restricted Height Overlay District. (Ord. 52-09, 10-19-2009)

In granting a variance, the board may impose any conditions or restrictions it reasonably considers necessary to ensure full compliance with the intent and regulations of the provision waived, to reduce or eliminate any detrimental effect of the proposed variance upon the neighborhood or the public welfare, or to carry out the general purposes and intent of the provision waived. Violation of such conditions and restrictions, when made a part of the terms under which a variance is granted, shall be deemed a violation of this title. (Ord. 52-09, 10-19-2009)

The board shall render a written decision on an application for a variance after the close of the meeting. The decision of the board shall contain specific findings of fact supporting the granting or denial of the variance and shall clearly set forth any conditions or restrictions imposed. The board shall maintain complete records of all action with respect to applications for a variance. (Ord. 52-09, 10-19-2009)

Any person owning property used solely for residential purposes may apply for a special exception from the literal enforcement of the bulk regulation requirements for the property or structure involved. All applications for a special exception shall be made on the official form for such applications which shall be available without cost from the planning services department. The applicant shall be required to supply all pertinent items of information contained on the official application form as a condition to review of such application. Review of the application for a special exception may be obtained by delivering the completed application form to the planning services department together with payment of the required fee. Upon receipt of the completed forms and the required fee, the planning services department shall forthwith transmit a copy of the completed form to the board, retaining the original form as part of the planning services department's permanent records. Prior to its review, the board may require the applicant for a special exception to supply any further information beyond that contained in the application form where it reasonably considers such information necessary to make the determination. (Ord. 52-09, 10-19-2009)

Following receipt of a completed application the board shall, with due diligence, consider such application at a public meeting. The board shall direct and require verification that the applicant, or their agent has sent notice of the time and place of the meeting by first class mail to all owners of property abutting the property for which the special exception is sought, including property directly across the street. At the public meeting, all interested parties shall be afforded a reasonable opportunity to appear and express their views on the application, either in person or by agent. A record of such meeting shall be entered into the minutes of the board. (Ord. 52-09, 10-19-2009)

The board shall grant a special exception when the applicant has shown that the following standards have been met or are not applicable:

   A.   That the specific proposed exception will not be detrimental to or endanger public health, safety, comfort or general welfare.

   B.   That the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, and will not substantially diminish and impair property values within the neighborhood.

   C.   That establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located.

   D.   That adequate utilities, access roads, drainage and other necessary facilities are being provided.

   E.   That, except for the specific exception being proposed, any structure shall in all other respects conform to the applicable regulations or standards of the zone in which it is to be located. (Ord. 52-09, 10-19-2009)

In granting a special exception, the board may impose any conditions or restrictions it reasonably considers necessary to ensure full compliance with the standards of this title, to reduce or eliminate any detrimental effect of the proposed special exception on the neighborhood or the public welfare, or to carry out the general purpose and intent of this title. Violation of such conditions and restrictions, when made a part of the terms under which a special exception is granted, shall be deemed a violation of this title. (Ord. 52-09, 10-19-2009)

The board shall render a written decision on an application for a special exception after the close of the public meeting. The decision of the board shall contain specific findings of fact supporting the granting or denial of the special exception and shall clearly set forth any conditions or restrictions imposed pursuant to this title. The board shall maintain complete records of all action with respect to applications for a special exception. (Ord. 52-09, 10-19-2009)

Appeals from action or decision of the board shall be made in the manner provided by state law. (Ord. 52-09, 10-19-2009)