In making any decision varying or modifying any provisions of this chapter or in granting an exception to the district regulations, the board of zoning appeals shall impose such restrictions, terms, time limitations, landscaping, improvement of off-street parking lots and other appropriate safeguards as required to protect adjoining property.

(Ord. No. 4272, § 1(22-33.12(1)), 4-7-2003)

In lieu of the actual construction of an approved off-street parking lot, the board of zoning appeals may accept, in the city's name, a corporate surety bond, cashier's check, escrow account, or other like security in an amount to be fixed by the city and conditioned upon actual completion of such improvement within a specified time, and the governing body may enforce such bond by all equitable means. Bonds or other security shall be filed with the city clerk.

(Ord. No. 4272, § 1(22-33.12(2)), 4-7-2003)

Fees for applications to the board of zoning appeals for appeal, variance or special use permit shall be as provided in the city fee schedule.

In no event shall variances, special uses or exceptions to the provisions of these zoning regulations be granted where the variance, use or exception contemplated is not specifically listed as an exception in these zoning regulations. Further, under no conditions shall the board of zoning appeals have the power to grant an exception when conditions of this exception, as established in these zoning regulations, are not found to be present.

(Ord. No. 4272, § 1(22-33.08), 4-7-2003)

(a)

Appeals to the board of zoning appeals may be taken by any person aggrieved, or by any officer of the city or county, or any governmental agency or body affected by any decision of the official administering the provisions of this chapter.

(b)

Appeals shall be taken within a reasonable time, as provided by the rules of the board, by filing a notice of appeal specifying the grounds thereof and payment of the required filing fee.

(c)

Appeals and requests to the board for variances and exceptions to this chapter shall be prepared and submitted on forms approved by the board.

(d)

After filing the required appeal or request and payment of the required fee, the board of zoning appeals shall advertise and hold a public hearing as provided in section 50-997.

(e)

Notice of the board of zoning appeals' decision shall be in writing and transmitted to the appellant. A copy of such decision shall also be transmitted to the city building inspector for filing and action, if action is required.

(f)

Any person, official or governing agency dissatisfied with any order or determination of the board of zoning appeals may, within 30 days, bring an action in the county district court, to determine the reasonableness of any such order or determination.

(Ord. No. 4272, § 1(22-33.09), 4-7-2003)

For the purpose of wholly or partially defraying the cost of the proceedings prescribed herein, including publication costs, the applicant, upon filing an appeal, shall pay to the city clerk a fee in the amount provided in the city fee schedule. Promptly upon filing the appeal and required filing fee, the city clerk shall refer said appeal to the secretary of the board of zoning appeals.

(Ord. No. 4272, § 1(22-33.06), 4-7-2003)

The board of zoning appeals shall fix a reasonable time for the hearing of an appeal or other matter referred to it. Notice of the time, place and subject of such hearing shall be published once in a newspaper of general circulation within the city at least 20 days prior to the date fixed for hearing. A copy of said notice shall be mailed to each party to the appeal and to the planning commission.

(Ord. No. 4272, § 1(22-33.07), 4-7-2003)

The board of zoning appeals may authorize, in specific cases, a variance from the specific terms of this chapter which will not be contrary to the public interest and where, because of special conditions, a literal enforcement of the provisions of this chapter will, in an individual case, result in unnecessary hardship, providing that the spirit of this chapter is observed, public safety and welfare are secured, and substantial justice is done. Such variance shall not permit any use not permitted by this chapter.

(Ord. No. 4272, § 1(22-33.10(1)), 4-7-2003)

The following requirements must be met before the board of zoning appeals may grant a variance:

(1)

The applicant must show that his property was acquired in good faith.

(2)

The request for a variance must arise from a condition that is unique to the property in question, is not ordinarily found in the same zone or district, and is not created by an action or actions of the property owner or applicant.

(3)

The granting of a variance shall not adversely affect the rights of adjacent property owners or residents.

(4)

The strict application of this chapter will cause unnecessary hardship upon the property owner represented in the application.

(5)

The granting of a variance shall not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare.

(6)

The granting of a variance will not violate the spirit and intent of this chapter.

(Ord. No. 4272, § 1(22-33.10(1)), 4-7-2003)

Variances from yard regulations may not be more than one-half the required yard and shall not encroach upon the required setback for adjacent buildings.

(Ord. No. 4272, § 1(22-33.10(2), 4-7-2003)

(a)

In exercising its powers, the board of zoning appeals may reverse or affirm wholly or partly, or may modify, the order, requirement, decision or determination appealed from the city building inspector. The board may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the same powers as the city building inspector from whom the appeal is taken. If the board approves the variance, it shall notify the city building inspector of its decision and shall instruct him to issue a permit. A time limit may be specified as a condition for granting the appeal.

(b)

Every variation granted or denied by the board of zoning appeals shall be accompanied by the written finding of fact, based on testimony and evidence, and specifying the reason for granting or denying the variance, a copy of which shall be filed in the city clerk's office to be available for public inspection.

(Ord. No. 4272, § 1(22-33.10(3), (4)), 4-7-2003)

Variances may not be granted for fence height exceptions in the required front yard of residential areas.

(Ord. No. 4852, § 1, 2-3-2014)

Exceptions to this chapter, as authorized by the district regulations, shall be made by special use permit after the request has been duly advertised and a public hearing held as required by law. All special use permits shall be subject to the requirements contained in this division.

(Ord. No. 4272, § 1(22-33.11(1)), 4-7-2003)

Prior to review of the request of an exception by the board of zoning appeals, the applicant shall:

(1)

File an application on forms provided by the city clerk's office.

(2)

File with the application a statement certifying that the applicant is the lawful owner of the real estate upon which the excepted use is proposed or that he has the lawful right to receive a conveyance thereof if the application is granted.

(3)

File a form of declaration of restrictions indicating use that is to be made by the legal owner if the application is granted. Said restrictions must show that use of the land will be solely that which was applied for as an excepted use. The restriction must provide that, if such use is abandoned or proposed to be changed, the subsequent use shall be in conformity with the zoning restrictions in effect as to the land prior to authorization of the exception, unless a new application for an excepted use is made and granted.

(Ord. No. 4272, § 1(22-33.11(2)), 4-7-2003)

A site plan shall be filed with the application showing:

(1)

Legal dimension of the tract to be used.

(2)

Location of all proposed improvements including curbcut access, off-street parking, and other such facilities as the applicant proposes to install.

(3)

Grade elevations.

(4)

Building setback from all property lines.

(5)

Front, side and rear elevations of all improvements to be erected.

(6)

Perspective drawings of the proposed improvements, in such detail as will clearly show the finished appearance of the improvements proposed.

(7)

Location and type of planting, screening or walls.

(8)

Such other items as the board of zoning appeals shall deem necessary to process the application properly.

(Ord. No. 4272, § 1(22-33.11(3)), 4-7-2003)

In considering any application for an exception under this division, the board of zoning appeals shall give consideration to the comprehensive plan and the health, safety, morals, comfort and general welfare of the public including, but not limited to, the following factors:

(1)

The stability and integrity of the various zoning districts.

(2)

Conservation of property values.

(3)

Protection against fire and casualties.

(4)

Observation of general police regulations.

(5)

Prevention of traffic congestion.

(6)

Promotion of traffic safety and the orderly parking of motor vehicles.

(7)

Promotion of the safety of individuals and property.

(8)

Provision for adequate light and air.

(9)

Prevention of overcrowding and excessive intensity of land uses.

(10)

Provision for public utilities and schools.

(11)

Invasion by inappropriate uses.

(12)

Value, type and character of existing or authorized improvements and land uses.

(13)

Encouragement of improvements and land uses in keeping with overall planning.

(14)

Provision for orderly and proper urban renewal, development and growth.

(Ord. No. 4272, § 1(22-33.11(4)), 4-7-2003)