The Zoning Board of Adjustment shall have the following powers:

   A.   To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an Administrative Official in the enforcement of this title.

   B.   To interpret the provisions of this title in such a way as to carry out the intent and purpose of the Comprehensive Plan.

   C.   To grant a special exception in those cases specified in section 12-5-3 of this chapter.

   D.   To authorize, in specific cases, a variance from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title will result in unnecessary hardship, and so that the spirit of this title shall be observed and substantial justice done.

   E.   To grant a conditional use permit and impose conditions upon such permits, so that actual or potential impacts to surrounding property are mitigated or eliminated. (2017 Code)

   A.   Hearing And Decision: The board shall hear and decide appeals from and review any order, requirement, decision or determination made by the Administrative Officer in the enforcement of this title. Appeals to the board may be taken by any person aggrieved, or by any officer, department, board or bureau of the City affected by any decision of the Administrative Officer. Such appeal shall be taken within ten (10) days of receipt of the Administrative Officer's order or determination by filing with the Development Services Department, and with the Board of Adjustment, a notice of appeal on a form provided by the Development Services Department specifying the grounds of the appeal, and by paying a fee as provided for by City Council resolution.

   B.   Stay Of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, unless the Administrative Officer from whom the appeal is taken certifies to the board after the notice of appeal has been filed that by reason of facts stated in the certificate a stay would cause imminent peril to life or property. In such a case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the board or by a court of record on application of notice to the officer from whom the appeal is taken and on due cause shown.

   C.   Decision:

      1.   The concurring vote of three (3) members of the board shall be necessary to reverse any order, requirement, decision or determination of the Administrative Officer.

      2.   Any alternate member who begins hearing a case is required to finish the case, even if the regular member in whose place the alternate member is serving becomes available. (Ord. 10-003, 1-19-2010, eff. 7-1-2010; amd. 2017 Code)

   A.   Hearing And Decision Of Requests: The board shall hear and decide requests for special exceptions to the requirements of this title only under the following circumstances:

      1.   To permit the reconstruction of a nonconforming structure or a structure containing a nonconforming use that has been damaged or destroyed by any means to the extent of more than fifty percent (50%) of its replacement cost at the time prior to the damage or destruction, where the Board finds some compelling necessity requiring a continuance of the nonconforming building or use.

      2.   To permit the erection and use of a building or the use of premises in any location by a Public Service Corporation for public utility purposes that the board deems reasonably necessary for the public convenience or welfare.

      3.   To allow an exception to the setback requirements of any district where the strict application of the setback requirements would result in peculiar or exceptional practical difficulties upon the owner of such property as distinguished from a mere inconvenience; provided, that relief can be granted without substantial detriment to the public good.

      4.   To allow an exception to the maximum lot width or lot depth requirements for a lot of record in an edgeyard disposition in the Z2 Sub Urban District, provided that no special exception may be granted for a lot width greater than one hundred fifty (150) feet or a lot depth greater than two hundred (200) feet. A request for a greater increase in lot width or lot depth for a lot of record in the Z2 District, or for a variation from the lot width or lot depth standards for a lot of record in any other district, shall only be considered by the board as a variance.

   B.   Application:

      1.   An application for a special exception shall be filed with the Administrative Officer on a form provided by the Development Services Department. The application shall be accompanied by such plans and/or data deemed by the City to be necessary to adequately describe the special exception request, a fee as provided for by City Council resolution, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed special exception will conform to the standards set forth in the following subsections.

      2.   Upon receipt in proper form of the application, fee and statement, the board shall hold at least one (1) public hearing on the proposed special exception. Notice of the hearing will be published in an official newspaper of the City at least seven (7) days but no more than twenty (20) days prior to the hearing. Written notice of the hearing shall be mailed at least ten (10) days prior to all owners of land within three hundred fifty feet (350') of the subject property. Supplemental or additional notices may be published or distributed as the board may prescribe. At least one (1) public notice sign will be posted on the subject property.

   C.   Standards: In order to grant a special exception as permitted above, the board shall find that the following tests are satisfied:

      1.   In the case of an exception to the setback requirements, the need for the special exception results from exceptional narrowness, shallowness, or shape of a specific piece of property of record, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific parcel or property.

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

      3.   That the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values within the neighborhood.

      4.   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 zoning district in which the property is located.

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

      6.   That, except for the specific special exception being proposed, the structure subject to the special exception shall in all other respects conform to the requirements of the zoning district in which it is located.

      7.   Approval of the special exception will not substantially impair the general purpose and intent of the Comprehensive Plan.

   D.   Concurring Vote Of Members: The concurring vote of three (3) members of the board shall be necessary to decide in favor of the special exception. Any alternate member who begins hearing a case is required to finish the case, even if the regular member in whose place the alternate member is serving becomes available.

   E.   Conditions And Restrictions: Prior to granting any special exception, the board may impose conditions and restrictions upon the establishment, location, construction, maintenance and operation of the construction or reconstruction as requested, to the extent deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in this section. (2017 Code; amd. Ord. 20-10, 11-3-2020; Ord. 24-6, 4-2-2024)

   A.   Application: An application for a variance shall be filed with the Administrative Officer on a form provided by the Administrative Officer. The application shall be accompanied by such plans and/or data deemed by the City to be necessary to adequately describe the variance request, a fee as provided for by City Council resolution, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed variance will conform to the standards set forth in the following subsections.

   B.   Notice Of Public Hearing: Upon receipt in proper form of the application, fee and statement, the board shall hold at least one (1) public hearing on the proposed variance. Notice of the hearing shall be published in an official newspaper of the City at least seven (7) days but no more than twenty (20) days prior to the hearing. Written notice of the hearing shall be mailed at least ten (10) days prior to all owners of land within three hundred fifty feet (350') of the subject property. Supplemental or additional notices may be published or distributed as the board may prescribe. At least one (1) public notice sign will be posted on the subject property.

   C.   Difficulties And Hardship: The board shall have the authority to authorize a variance where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property of record, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of any provision of this title would result in peculiar and exceptional practical difficulties and particular hardship upon the owner of the subject property as distinguished from a mere inconvenience to the owner, provided relief can be granted without substantial detriment to the public good and without substantially impairing the general purpose and intent of the Comprehensive Plan as established by the regulations and provisions contained in this title.

   D.   Literal Enforcement: The board shall have the authority to authorize a variance from the terms of this title as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this title will result in unnecessary hardship, and so that the spirit of this title shall be observed and substantial justice done.

   E.   Determinations: In considering all proposed variances to this title, the board shall, before making any finding in the specific case, first determine that the proposed variance will not constitute any change in the zoning map, will not authorize a use, form or function not specifically allowed within the zoning district and will not impair an adequate supply of light and air to adjacent property, or unreasonably increase congestion in public streets, or increase the public danger of fire and safety, or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort and welfare of the City.

   F.   Standards: In order to grant a variance to the strict application of any provision of this title, the board shall find that all of the following tests are satisfied:

      1.   The proposed variance will not threaten neighborhood integrity, nor have a substantially adverse effect on the use or value of other properties in the area adjacent to the subject property.

      2.   The proposed variance will be in harmony with the general purpose and spirit of this title.

      3.   The property in question cannot yield a reasonable return if used only as strictly allowed in the district where the property is located.

      4.   The owner's situation is unique or peculiar to the property in question, and the situation is not shared with other landowners in the area nor due to general conditions in the neighborhood.

      5.   The hardship is not of the landowner's or applicant's own making or that of a predecessor in title.

   G.   Vote To Decide: The concurring vote of three (3) members of the board shall be necessary to decide in favor of the variance. Any alternate member who begins hearing a case is required to finish the case, even if the regular member in whose place the alternate member is serving becomes available.

   H.   Denial; Reapplication: If the variance application is denied, applicants may not reapply for the same variance to the board before six (6) months have passed from the date of the first application.

   I.   Appropriate Conditions And Safeguards: In permitting a variance, the board may impose appropriate conditions and safeguards including, but not limited to, planting screens, fencing, construction commencement and completion deadlines, lighting, operations controls, improved traffic circulation requirements, highway access restrictions, increased minimum yard requirements, parking requirements, or any other requirement that the board deems appropriate under the circumstances. (Ord. 10-003, 1-19-2010, eff. 7-1-2010; amd. 2017 Code)

Any landowner or his designated agent may file an application to use land for a conditional use provided for in section 12-8-3, table 2 of this title in the zoning district in which the land is located. Any application shall be subject to the following requirements:

   A.   Filing Application; Documents; Fee: An application for a conditional use shall be filed with the Administrative Officer on a form provided by the Development Services Department. The application shall be accompanied by such plans and data deemed by the City to be necessary to adequately describe the proposed conditional use, a fee as provided for by City Council resolution and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use will conform to the standards set forth in the following subsections.

   B.   Public Hearing; Notice: Upon receipt in proper form of the application, fee and statement, the board shall hold at least one (1) public hearing on the proposed conditional use. Notice of the hearing shall be published in an official newspaper of the City at least seven (7) days but no more than twenty (20) days prior to hearing. Written notice of the hearing shall be mailed at least ten (10) days prior to all owners of land within three hundred fifty feet (350') of the subject property. Supplemental or additional notices may be published or distributed as the board may prescribe. At least one (1) public notice sign will be posted on the subject property.

   C.   Finding And Determination: For each application for conditional use, the board shall determine its findings and render a decision upon the issuance of a conditional use permit, including the stipulations of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. Whenever an application is denied, it cannot be resubmitted for one (1) year thereafter.

   D.   Standards: No conditional use shall be recommended by the board unless the board shall find:

      1.   The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, convenience, comfort or general welfare;

      2.   The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish or impair property values within the neighborhood;

      3.   The establishment of the use will not impede the normal orderly development and improvement of the surrounding property for uses permitted in the zoning district;

      4.   Adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided;

      5.   Measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

   E.   Conditions And Restrictions: Prior to granting any conditional use, the board shall stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as are deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in this section. In all cases in which conditional uses are granted, the board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. (Ord. 10-003, 1-19-2010, eff. 7-1-2010; amd. 2017 Code)

   A.   Any decision of the board shall be filed in the Development Services Department within two (2) business days after the meeting.

   B.   Any person or persons, jointly or severally, aggrieved by any decision of the board may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the Development Services Department. (Ord. 10-003, 1-19-2010, eff. 7-1-2010; amd. 2017 Code)