Permit a variance in the yard requirements of any district where there are unusual and practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variance will not seriously affect an adjoining property or the general welfare.

Permit a variance, whenever a property owner can show that a strict application of the terms of this chapter relating to the construction or alterations of buildings or structures will impose upon him unusual and practical difficulties or particular hardship, such variance [sic] from the strict application of the terms of this chapter as is in harmony with its general purpose and intent, but only when the planning and zoning commission is satisfied that a granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty.

The city council may, after public hearing and recommendations of the city planning commission, authorize, for specific parcels of land, the issuance of a specific use permit (variance) for a use requiring such a permit in a district where it is indicated in subsection (a) that such a permit may be approved.

A use being listed in subsection (a) does not constitute an authorization of an assurance that a permit will be granted. Rather, each application shall be evaluated as to its probable effects on adjacent property and the community welfare, and may be approved or denied as the findings indicate.

The procedure for the consideration of a specific use permit shall be as follows:

Any of the conditions imposed shall not be construed as a change in zoning of such property, but shall be construed as conditions precedent to the granting of the certificate of occupancy.

The location and type of any specific use permit granted shall be indicated on the zoning district map.

If no construction has begun nor a use established for which the specific use permit was granted within one (1) year from the date of approval, such specific use permit shall lapse and be of no other effect. At its discretion, and for good cause, the city council may extend this time period for one (1) additional year. If the specific use permit lapses under the provisions of this section, the city secretary shall remove the specific use permit from the zoning district map and shall file a notice of revocation with the original amending ordinance. The zoning district regulations applicable before the specific use permit was approved shall then be revived and in effect.

Specific use permit form:

The height regulations prescribed herein shall not apply to television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers, scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, necessary public or private utilities, conveyors, or flagpoles.

Public or semipublic service buildings, hospitals, institutions or schools, where permitted, may be erected to a height not exceeding sixty (60) feet, and churches and other places of worship may be erected to a height not exceeding seventy-five (75) feet when each of the required yards is increased by one (1) foot for each two (2) feet of additional building height above the height regulations for the district in which the building is located.

Multiple-family dwellings may exceed maximum height regulations provided that one (1) additional foot shall be added to the width and depth of side and rear yards for each foot the height of the building exceeds the maximum.

No structure may be erected to a height in excess of that permitted by the regulations of such airfield zoning ordinance as may exist at the time and whose regulations apply to the area in which the building is located.

Where twenty-five percent (25%) or more of the frontage along a block face is occupied or partially occupied by a building or buildings with front yards of less depth and required by this chapter, the remainder of that block face may be developed observing the same front yard line as is immediately adjacent thereto.

Within a residential district, no fence, structure or planting higher than three (3) feet above the established street grade shall be maintained within twenty (20) feet of the point of intersection of two intersecting street right-of-way lines. The established grade shall mean the grade at the point of intersection of the centerlines of intersecting streets.

Open or unenclosed terraces, porches, or roof eaves or extensions may project into the required front yard for a distance not to exceed four (4) feet; provided, however, no supporting structure for such projections may be located within the required front yard. An unenclosed canopy for a gasoline service station may extend into the required front yard, provided such extension shall not be closer than ten (10) feet to a lot line.

A roof overhang, open fire escape, or outside stairway may project not more than three (3) feet into a required side yard, provided such projection is no closer than five (5) feet to a property line.

The area required in a yard shall be open to the sky, unobstructed except for the ordinary projections of window sills, brick course, cornices or other ornamental features.

For the purpose of applying side yard regulations, two-family and multifamily dwelling units covered by a continuous roof shall be considered as one building occupying one lot.

An accessory building shall not project or extend into a side yard abutting a street.

On a corner lot the width of the yard along the side street shall not be less than any required front yard on the same side of such street between intersecting streets; provided, however, that the buildable width of a lot shall not be reduced to less than thirty (30) feet.

When a building or structure is erected or an existing building enlarged by fifty percent (50%) or more in floor area, off-street parking spaces shall be provided, where required by district regulations or otherwise hereafter provided, in accordance with the following requirements:

The following rules shall be applied in computing the number of off-street parking spaces required for each of the above uses:

The required off-street parking spaces shall be located on the same lot as the building or use served, except as follows:

A parking space shall contain a minimum of one hundred eighty (180) square feet and shall be approximately nine (9) feet in width and twenty (20) feet in depth. All parking spaces, parking or maneuvering aisles, and driveways shall be paved with an all-weather surface.

The parking requirements for specific uses shall not prohibit the enlargement of a building or structure provided such enlargement does not create a deficiency in the total number of off-street parking spaces required by more than twenty-five percent (25%)

Any use that receives or distributes materials or merchandise by vehicle shall provide, when required by district regulation, or otherwise hereafter provided, off-street loading space in accordance with the following requirements:

The following rules shall be applied in computing the number of off-street loading spaces required:

The required off-street loading spaces shall be located on the same lot as the building or use served.

A loading space shall contain a maximum of four hundred twenty (420) square feet and shall be approximately twelve (12) feet in width and thirty-five (35) feet in depth. All loading spaces, maneuvering aisles and driveways shall be paved with an all-weather surface.

Repairs and alterations may be made to a nonconforming building or structure, provided that no structural alterations shall be made except those required by law or ordinance, or those necessary for installing or enclosing required sanitary facilities, such as toilets and bathrooms.

Unless otherwise provided, a nonconforming building or structure shall not be added to or enlarged in any manner unless such additions and enlargements are made to conform to all of the requirements of the district in which such building or structure is located.

A nonconforming building or structure shall not be moved in whole or in part to any other location on the lot, unless every portion of such building or structure is made to conform to all of the regulations of the district in which located.

If a nonconforming building or structure is damaged or destroyed to an extent of less than sixty percent (60%) of its fair market value by fire, explosion, act of God, or the public enemy, then restoration by new construction shall be permitted. If destruction is greater than sixty percent (60%) of its fair market value, such building or structure and its use, if repaired or replaced, shall conform to all regulations of the district in which it is located, and it shall be treated as a new building.

A vacant, nonconforming building or structure lawfully constructed may be occupied by a use for which the building or structure was designed or intended, if occupied within a period of one (1) year after the effective date of this chapter (May 22, 1987). The use of a nonconforming building or structure lawfully constructed which becomes vacant after the effective date of this chapter may also be occupied by the use for which the building or structure was designed or intended, if occupied within a period of one (1) year after the building or structure becomes vacant.

A lot having less area, width or depth that [than] required, but which existed in separate ownership prior to the effective date of this chapter (May 22, 1987), may be used for a purpose permitted in the district in which located.

A lot which is made nonconforming by a public act, such as the widening of a street right-of-way, may be used for a purpose permitted in the district in which located.

The nonconforming use of a building or structure may be continued or may be changed to a use of the same or more restrictive classification. Where the nonconforming use of a building or structure is changed to a use of a more restrictive classification, it shall not thereafter be changed to a use of less restrictive classification.

A nonconforming use of a conforming building or structure shall not be extended or expanded into any other portion of a conforming building or structure, nor changed except to a conforming use. If the nonconforming use or portion thereof is voluntarily discontinued or changed to a conforming use, any future use of such building, structure or portion thereof shall be in conformity with the regulations of the district in which the building or structure is located.

A nonconforming use of land shall not be expanded or extended.

If a nonconforming use of land, or any portion thereof, is voluntarily discontinued for a period of one (1) year, any future use of such land or portion thereof shall be in conformity with the regulations of the district in which the land or portion thereof is located.

Any sign, billboard or poster panel which lawfully existed and was maintained at the time of the effective date of this chapter (May 22, 1987) may be continued, although such use does not conform with the provisions of this chapter; provided, however, that no structural alterations are made to it.

The characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by similar equipment within one (1) year; or

A nonconforming building, structure or land, or portion thereof, which is or hereafter becomes vacant and remains unoccupied for a period of one (1) year; or

A nonconforming use is replaced by a conforming one.