The city council from time to time, on its own action or on petition by city property owners, after public notice and hearings provided by law and after report by the board of adjustment or local planning agency, may amend, supplement or change the boundaries or regulations herein or subsequently established. Such amendment shall not become effective except by the favorable vote of a majority of all the members of the city council.

(Ord. No. 91-1, § 350, 3-11-1991)

Structures or uses of land existing on March 11, 1991, that are prohibited under this chapter shall be considered as nonconforming. It is the intent of this chapter to permit these nonconforming uses to continue provided they conform to the following provisions:

(1)

Except as herein specified, the lawful use of any structure or land existing on March 11, 1991, or in a district changed by subsequent amendments, may be continued even though not conforming to the provisions of this chapter.

(2)

Nothing in this chapter is intended to prohibit such routine repairs and maintenance that will ensure the health and safety of occupants of such nonconforming structures or such improvements that result in bringing the structure into better conformance with the standards for the district in which it is located. However, nonconforming uses shall not be expanded or intensified, either by an addition to an existing structure or by expansion within an existing structure. Nonconforming structures shall not be changed in any way that increases their nonconformity.

(3)

If a nonconforming structure is damaged by fire, wind, flooding, act of God or public enemy, to the extent that less than 50 percent of its current fair market value is destroyed, it may be restored to the configuration and dimensions as specified in the original construction plan including any authorized additions made thereto prior to the damaging event. If the damage exceeds 50 percent of the structure's current fair market value, the structure shall be made subject to the development standards established by this chapter and all other requirements applicable to the district in which it is located.

(Ord. No. 91-1, § 420, 3-11-1991)

When a lot of record has an area or width which does not conform with the requirements of the district in which it is located, but was a lot of record on March 11, 1991, such lot or parcel of land may be used providing the minimum yard and setback requirements are maintained.

(Ord. No. 91-1, § 460, 3-11-1991)

The city council shall serve as the board of adjustment. Their duties and powers shall include hearing and deciding appeals from decisions made by officials involved in the administration of this chapter and granting variances from the terms of this chapter upon the demonstration of hardship.

(Ord. No. 91-1, § 315.04, 3-11-1991)

(a)

Any person aggrieved or affected by any decision of an administrative official pursuant to this chapter may appeal that decision to the board of adjustment within 30 days after rendition of such order, requirement, or determination by filing a notice of appeal specifying the grounds thereof. The administrative official from whom the appeal is taken shall, upon notification of the filing of the appeal, forthwith transmit to the local board of adjustment all the documents, plans, papers, or other materials constituting the record upon which the action appealed from was taken. An appeal to the board of adjustment stays all work on the premises and all proceedings in furtherance of the action appealed from, unless the official from whom the appeal was taken shall certify to the board of adjustment that, by reason of facts stated in the certificate, a stay would cause imminent peril to life or property. In such case, proceedings or work shall not be stayed except by restraining order which may be issued by the board of adjustment or by a court of record.

(b)

The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Any interested party may appear at the hearing in person or through an agent or attorney. Appellants may be required to assume such reasonable costs in connection with the appeal as may be determined by the board through action in setting of fees to be charged for appeals.

(Ord. No. 91-1, §§ 315.05, 315.06, 3-11-1991)

(a)

The board of adjustment may authorize upon appeal such variances from the terms of this chapter as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary and undue hardship. In order to authorize any variance from the terms of this chapter, the board of adjustment (BOA) must find:

(1)

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district;

(2)

The special conditions and circumstances are not the result of an action by the applicant;

(3)

That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings, or structures in the same zoning district;

(4)

That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant;

(5)

That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure;

(6)

That the granting of the variance will be in harmony with the general intent and purpose of this chapter and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.

(b)

A separate, written finding in the affirmative for each of the conditions described in subsection (a) of this section shall be approved by the board of adjustment and shall accompany and shall become part of the variance approval, along with whatever conditions may be imposed.

(c)

In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with the standards of this chapter, the comprehensive plan, and any other applicable land development regulation adopted by the board. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be unlawful.

(d)

The board of adjustment may prescribe a reasonable time limit within which the action for which the variance was granted shall be commenced, completed, or both.

(e)

Under no circumstances, except as permitted in this section, shall the board of adjustment grant a variance to permit a use not generally or by special exception permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of this chapter in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance.

(Ord. No. 91-1, § 315.07, 3-11-1991)

All decisions of the board of adjustment are final.

(Ord. No. 91-1, § 315.08, 3-11-1991)