The board of appeals may authorize such variations from the terms of this title as will not be contrary to the public interest. Variations may be authorized only in those specific instances enumerated in section 10-11-4 of this chapter, and then only when the board has made findings of fact, based upon the standards set out in section 10-11-5 of this chapter, that, owing to special conditions, a literal enforcement of the provisions of this title will, in an individual case, result in practical difficulties or particular hardship for the owner, lessee or occupant of land or a structure. (Ord., 8-24-1974)

An application for a variation shall be filed in duplicate with the zoning administrator who shall forward without delay a copy to the secretary of the board. The application shall contain the following information as well as such additional information as may be prescribed by rule of the board:

   A.   The particular requirements of this title which prevent the proposed use or construction;

   B.   The characteristics of the subject property which prevent compliance with said requirements of this title;

   C.   The reduction of the minimum requirements of this title which would be necessary to permit the proposed use or construction; and

   D.   The practical difficulty or particular hardship which would result if said particular requirements of this title were applied to the subject property. (Ord., 8-24-1974)

The board of appeals shall select a reasonable time and place for the hearing. Public notice of such hearing shall be published at least once not less than fifteen (15) days nor more than thirty (30) days before such hearing in a newspaper of general circulation in the city. Such notice shall contain the date, time and place of the hearing, the street address or common description of the property involved, the legal description of the property involved, and a brief description of the relief sought. Any party in interest may appear and be heard at the hearing in person, by agent or by attorney. (Ord., 8-24-1974; amd. 2010 Code)

Variations from the regulations of this title shall be granted only in accordance with the standards set out in section 10-11-5 of this chapter and may be granted only in the following instances, and in no others:

   A.   To vary the applicable lot area, lot width and lot depth requirements, subject to the following limitations:

      1.   The minimum lot width and lot depth requirements shall not be reduced more than twenty five percent (25%).

      2.   The minimum lot area for a single-family and two-family dwelling shall not be reduced more than twenty percent (20%).

      3.   The minimum lot per dwelling unit requirements for multiple-family dwellings shall not be reduced so as to permit more than one dwelling unit in addition to the number that would be permitted by strict application of the minimum lot area requirements.

   B.   To vary the applicable bulk regulations, including maximum height, maximum lot coverage, maximum floor area ratio, and minimum yard requirements.

   C.   To vary the applicable off street parking and off street loading requirements contained in this title.

   D.   To vary the regulations relating to restoration of damaged or destroyed nonconforming structures or uses contained in this title. (Ord., 8-24-1974)

The board of appeals shall not vary the regulations of this title unless it shall be based upon the evidence as presented that:

   A.   The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations of the district in which it is located.

   B.   The proposed variation will not merely serve as a convenience to the applicant but will alleviate some demonstrable and unusual hardship which will result if the strict letter of the regulations were carried out and which is not generally applicable to property within the same district.

   C.   The alleged hardship has not been created by any person presently having a proprietary interest in the premises.

   D.   The proposed variation will not be materially detrimental to the public welfare or injurious to other property or improvements in the neighborhood.

   E.   The proposed variation will not impair an adequate supply of light and air to adjacent property, substantially increase congestion in the public streets, increase the danger of fire or endanger the public safety.

   F.   The proposed variation will not alter the essential character of the neighborhood.

   G.   The proposed variation is in harmony with the spirit and intent of this title.

The board of appeals may impose such conditions and restrictions upon the location, construction, design and use of the property benefited by a variation as may be necessary or appropriate to comply with the foregoing standards and to protect adjacent property and property values. (Ord., 8-24-1974)

The concurring vote of four (4) members of the board of appeals shall be necessary to grant a variation. The order of the board shall be by written resolution and shall contain its findings of fact. (Ord., 8-24-1974)

No decision granting a variation shall be valid for a period longer than twelve (12) months from the date of decision unless: a) an application for a zoning certificate is obtained within such period and construction, moving, remodeling or reconstruction is started; or b) an occupancy certificate is obtained and a use is commenced. The board may grant additional extensions of time not exceeding one hundred eighty (180) days each, upon written application made within the initial twelve (12) month period, without further notice of hearing, but said right to so extend said time shall not include the right to grant additional relief by expanding the scope of the variation. (Ord., 8-24-1974)