(A)

Authority. The board of adjustment shall have authority to grant variances from the requirements of this chapter in accordance with the procedures of this chapter.

(B)

Purpose. The purpose of variances is to provide a mechanism for relief where, owing to special conditions, the literal enforcement of the regulations of this chapter will result in unnecessary hardship, provided that the granting of variances will not be contrary to the public interest, and provided further that the spirit of this chapter will be preserved by variances granted under the terms and provisions hereof.

(C)

Initiation. An owner or person, either owning or having a contractual interest in the property to be affected by the variance, may seek a variance under the provisions of this chapter.

(D)

Standards. The board shall not grant a variance unless it shall, in each case, make specific written findings based directly upon the particular evidence presented to it which support written conclusions that:

(1)

Such modifications of the height, yard, area, lot width, lot depth, off-street loading, screening wall, coverage, parking and sign regulations are necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of the restricted area, shape or slope that it cannot be appropriately developed without modification;

(2)

The granting of the variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public health, safety and well-being, or substantially diminish or impair property values within the neighborhood; and

(3)

The variance desired will not be opposed to the general spirit and intent of this chapter.

(E)

Application. An application for a variance shall be filed with the secretary of the board of adjustment according to rules of procedure adopted from time to time by the board and shall be accompanied by a nonrefundable fee as prescribed in the rules of procedure, to defray administrative costs.

(F)

Limitations on variances. Variances from the terms of this chapter shall not be contrary to the public interest but may be granted where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship.

(G)

Action of board. The board shall hold a hearing on a requested variance, pursuant to the procedures set out in this code, as soon as practical after a complete application for a variance is filed.

(H)

Conditions on variances. The board may set forth conditions in the written order granting a variance. These conditions may relate to screening, landscaping, location and other conditions necessary to preserve the character of the area and protect property in the vicinity of the variance.

(Prior Code, §§ 24-701—24-708; Ord. 85-036, §§ 1, 2, 12-5-1985)

(A)

Authority. The board of adjustment shall have the authority to grant special exceptions, in accordance with the provisions of this code and the procedures and standards hereinafter set forth, to permit:

(1)

The reconstruction of a nonconforming structure when the structure has been damaged or destroyed to the extent of more than 50 percent of the fair market value of the structure, or the restoration, repair or renovation of a nonconforming structure when the structure has been damaged by less than 50 percent of its fair market value where no building permit has been previously automatically issued for the restoration, repair or renovation within six months from the date of damage as permitted under this code; or

(2)

Any nonconformity which is nonconforming solely because of failure to comply with regulations governing parking, screening, landscaping or lighting, to continue as a special exception, subject to the procedures in this subchapter and subject to conditions which may be imposed by the board.

(B)

Initiation. The owner or other person having a contractual interest in the property which is the site of the proposed special exception may initiate a request for a special exception.

(C)

Standards for special exceptions. Special exceptions may not be granted unless the board makes written findings based directly upon the particular evidence presented to it which support written conclusions that the granting of the special exception will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public health, safety and well-being, or substantially diminish or impair property values within the neighborhood.

(D)

Application. An application for a special exception shall be filed with the secretary of the board of adjustment according to rules of procedure adopted from time to time by the board and shall be accompanied by a nonrefundable fee as prescribed in the rules of procedure, to defray administrative costs.

(E)

Action of board. The board shall hold a hearing on a special exception as soon as practical after a complete application for a special exception is filed, pursuant to the procedures of the board.

(F)

Conditions attached to special exceptions. The board may attach conditions to the grant of a special exception, including landscaping, lighting, hours of operation, parking or other reasonable conditions which will minimize the impact of the exception on the surrounding neighborhood. That board shall provide for the duration of the special exception.

(Prior Code, §§ 24-716—24-721; Ord. 85-036, §§ 1, 2, 12-5-1985)

(A)

Purpose. The purpose of this section is to regulate and limit the continued existence of uses, lots and structures in nonresidential districts established prior to the enactment of this chapter which do not conform to the provisions of this chapter. Many nonconformities may continue, but the provisions of this subsection are designed to curtail substantial investment in nonconformities and to bring about their eventual elimination, where appropriate, in order to preserve the integrity of the zoning districts. Nonconforming uses, lots and structures in residential districts may continue and are not subject to termination under any provision of this subsection; however, nonconformities in residential districts may not be enlarged, changed or modified unless the same are done in accordance with other provisions of this subchapter.

(B)

Nonconforming uses and structures.

(1)

Authority to continue. Nonconforming uses of land and nonconforming uses of structures may continue in accordance with the provisions of this section.

(2)

Ordinary repair and maintenance. Normal maintenance and repair of nonconforming uses may be performed.

(3)

Extensions. Nonconforming uses shall not be extended. This prohibition shall be construed so as to prevent the:

(a)

Enlargement of nonconforming uses by additions to the structure in which the nonconforming uses are located; and

(b)

Occupancy of additional land.

(4)

Relocation. A structure housing a nonconforming use may not be moved unless the use shall thereafter conform to the limitations of the zoning district into which it is moved.

(5)

Change in use. A nonconforming use shall not be changed to any other use unless the use conforms to the provisions of this chapter.

(6)

Termination.

(a)

Abandonment or discontinuance.

1.

Where a nonconforming use of land is discontinued or abandoned for six months, then the use may not be reestablished or resumed, and any subsequent use must conform to the provisions of this chapter.

2.

Where a nonconforming use of s structure is discontinued or abandoned for 12 months, then the use may not be reestablished or resumed and any subsequent use must conform to the provisions of this chapter.

(b)

Damage or destruction. If a structure housing a nonconforming use is damaged or destroyed by 50 percent or more of the fair market value of the structure, then the structure may be restored by special exception granted by the board. No permit other than a building permit shall be required for the restoration, repair or renovation of a nonconforming structure which has been damaged by less than 50 percent of the fair market value of the structure. However, no building permit shall be automatically issued for the restoration, repair or renovation after the expiration of six months from the date of the damage unless a special exception shall be granted by the board of adjustment.

(c)

Discontinuance required. The board may require the discontinuance of nonconforming uses of land or structures in a nonresidential district or a nonresidential use in a residential district, under any plan whereby the full value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity of all property to conform to the regulations of this chapter. All actions to discontinue a nonconforming use of land and structure shall be taken with due regard for the property rights of the persons affected when considered in light of the public welfare and character of the area surrounding the designated nonconforming use and the conservation and preservation of property. The board shall, from time to time, on its own motion or upon cause presented by interested property owners, inquire into the existence, continuation or maintenance of any nonconforming use within the city.

(C)

Nonconforming accessory uses and structures. No nonconforming accessory use or structure shall continue after the principal structure or use shall have ceased or terminated, unless the structure or use shall thereafter conform to the provisions of the zoning district in which it is located.

(Prior Code, §§ 24-731—24-733; Ord. 85-036, §§ 1, 2, 12-5-1985)

(A)

Authority. The board of adjustment shall have the authority to hear and decide appeals from any decision, determination or interpretation by any administrative official with respect to the procedures hereinafter set forth.

(B)

Initiation and application. An application for an appeal may be initiated by any person aggrieved, or by any officer, department or board of the municipality affected, by any orders, decision, determination or interpretation of any administrative official with respect to the provisions of this chapter. The application for appeal shall be filed with the secretary of the board of adjustment according to rules of procedure adopted from time to time by the board and shall be accompanied by a fee as prescribed in the rules of procedure to defray administrative costs.

(C)

Procedures. A notice of appeal in prescribed form must be filed with the secretary of the board and with the office or department rendering the decision, determination or interpretation which is the subject of the appeal, within 15 days of the decision, determination or interpretation. The filing of this notice of appeal will require the building official or other city department to forward to the board any and all records concerning the subject matter of the appeal. Failure to file the appeal shall constitute a waiver of any rights under this chapter to appeal any interpretation or determination made by the administrative official.

(D)

Effect of filing an appeal. The filing of a notice of appeal shall stay any proceedings in furtherance of the action appealed from unless the building official or other administrative official rendering the decision, determination or interpretation certifies in writing to the board and the applicant that a stay poses an imminent peril to life or property, in which case the appeal will not stay further proceedings. The board may review the certification and grant or deny a stay of the proceedings.

(E)

Action of the board. The board of adjustment shall hold a hearing on an appeal as soon as practical after a notice of appeal is filed. The failure of the board to act within a reasonable time shall not deprive it of jurisdiction of the matter. The board may reverse, affirm or modify the decision, determination or interpretation appealed from and in so modifying the decision, determination or interpretation, the board shall be deemed to have all the powers of the officer from whom the appeal is taken, including the power to impose reasonable conditions to be complied with by the applicant.

(Prior Code, §§ 24-741—24-745; Ord. 85-036, §§ 1, 2, 12-5-1985)