(a)

The zoning board of appeals is empowered to grant variations in order to prevent or to lessen such practical difficulties and unnecessary physical hardships inconsistent with the objectives of this chapter as would result from a strict or literal interpretation and enforcement of certain regulations prescribed by this chapter. A practical difficulty or unnecessary physical hardship may result from the size, shape, or dimensions of a site or in the immediate vicinity; or from population densities, street locations, or traffic conditions in the immediate vicinity. Cost to the applicant of strict or literal compliance with a regulation shall not be the sole reason for granting a variation.

(b)

The power to grant variations does not extend to use regulations because the flexibility necessary to avoid results inconsistent with the objectives of this chapter is provided by the special use provisions of this chapter.

(c)

The zoning board of appeals may grant variations to the regulations prescribed by this chapter, in accord with the procedure prescribed in this division, with respect to fences, walls, hedges, screening and landscaping; site area, widths, frontage, depth and coverage; front, rear and side yards; basic floor area; usable open space; height of structures; distances between structures; courts; signs; and off-street parking facilities and off-street loading facilities.

(Ord. No. 795, § 1200, 5-13-74)

An application for a variation shall be filed on a prescribed form with the zoning officer. The applicant shall include the following information and material:

(1)

Name and address of applicant.

(2)

Statement that the applicant is the owner or the authorized agent of the owner of the property on which the variation is being requested.

(3)

Address and description of the property.

(4)

Name and address of adjacent property owners.

(5)

Statement of the precise nature of the variation requested and the practical difficulty or unnecessary physical hardship inconsistent with the objectives of this chapter that would result from a strict or literal interpretation and enforcement of a specified regulation of this chapter, together with any other data pertinent to the findings prerequisite to the granting of a variation, prescribed in section 102-295.

(6)

The application shall be accompanied by an accurate scale drawing of the site and any adjacent property affected, showing, when pertinent, the contours at intervals of not more than five feet, and all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street loading and off-street parking facilities, and landscaped areas.

(7)

An accurate scale drawing of the site and the surrounding area for a distance of at least 300 feet from each boundary of the site showing the existing locations of streets and property lines.

(8)

The zoning officer may authorize omission of any or all of the plans and drawings required by this section if they are not necessary to enable the zoning board of appeals to determine whether the circumstances required for the granting of a variation exist.

(9)

The application shall be accompanied by a fee as prescribed by a fee schedule adopted by the city council.

(Ord. No. 795, § 1201, 5-13-74)

The zoning board of appeals shall hold a public hearing on an application for a variation within 45 days of the date when the application was filed or the proposal was initiated. Notice of a public hearing shall be given not less than 15 days nor more than 30 days prior to the date of the hearing by publication in a newspaper of general circulation within the city and by posting on or adjacent to the property which is the subject of the application. Failure to post such notice shall not invalidate the proceedings.

(Ord. No. 795, § 1202, 5-13-74)

At a public hearing the zoning board of appeals shall review the application, statements and drawings submitted therewith and shall receive pertinent evidence concerning the variation, particularly with respect to the findings prescribed in section 102-295.

(Ord. No. 795, § 1203, 5-13-74)

The zoning board of appeals may grant by resolution an application for a variation as the variation was applied for, or in modified form, or the application may be denied.

(1)

Findings. The zoning board of appeals may grant by resolution an application for a variation to a regulation prescribed by this chapter with respect to signs, fences, walls, hedges, screening or landscaping; site area, width, frontage, depth or coverage; front, rear or side yards; basic floor area, usable open space; height of structures; distances between structures or courts, as the variation was applied for or in modified form, provided that the zoning board of appeals shall consider those factors prescribed in subsections (1)a. through (1)e. of this section in making its determination. The concurring vote of four members of the board shall be necessary to recommend the authorization of any variance in this chapter.

a.

Strict or literal interpretation and enforcement of the specified regulation would result in practical difficulty or unnecessary physical hardship inconsistent with the objectives of this chapter.

b.

There are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to other properties classified in the same zoning district.

c.

Strict or literal interpretation and enforcement of the specified regulations would deprive the applicant of privileges enjoyed by the owners of other properties classified in the same zoning district.

d.

The granting of the variation will not constitute a grant of special privilege inconsistent with the limitations on other properties classified in the same zoning district.

e.

The granting of the variation will not be detrimental to the public health, safety, welfare or materially injurious to properties or improvements in the vicinity.

(2)

Conditions. The board of appeals may recommend and the city council may require such conditions or restrictions upon the construction, location, and operation of a variation, as deemed necessary to secure the general objectives of this chapter. Such conditions or restrictions shall include, but not be limited to, provisions for the protection of adjacent property, the expiration of the variation after a specified period of time and off-street parking and loading.

(3)

Deadline for submission of finding and recommendation to the city council. Within 35 days after the close of the public hearing on a proposed variation, the board of appeals shall make a written finding of fact and submit its recommendation to the city council.

(Ord. No. 795, § 1204, 5-13-74; Ord. No. 3864-13, § 2, 2-11-13)

(a)

Findings. Upon receipt of the findings of fact of the board of appeals, the city council may, by ordinance without further hearing, authorize variations from the provisions of this chapter, in accordance with the standards established in section 102-295 may refer it back to the board of appeals for further consideration. Every such consideration shall be accompanied by a written finding of fact specifying the reason for making such variation. Any proposed variation which fails to receive the approval of the board of appeals shall not be passed by the city council except by the favorable vote of two-thirds of the aldermen then holding office. The city council shall act on a requested variation 45 days from the time of the receipt of the findings of fact.

(b)

Effect or denial of a variation. No application for a variation which has been denied wholly or partly by the city council shall be resubmitted for a period of one year from the date of the denial, except on the grounds of new evidence or proof of changed conditions found to be valid by the board of appeals.

(c)

Revocation. In any case where a variation has not been established within one year of granting thereof, the city council shall automatically revoke the variation.

(Ord. No. 795, § 1205, 5-13-74)