Application for any permissible variance of regulations as provided herein shall be made by the owner or a representative to the board of adjustment and appeals by written application for a permit. Such application shall be accompanied by:

   A.   Accurate plot plans and descriptions of the property involved and the proposed use with preliminary floor plans and elevations of all proposed buildings.

   B.   Evidence satisfactory to the board of adjustment and appeals, of the ability and intention of the applicant to proceed with actual construction work in accordance with said plans within six (6) months after issuance of permit.

   C.   A list showing the names and addresses of all persons, firms or corporations appearing on public record as owning property within the area proposed to be affected within three hundred feet (300') of any part of the property for which a variance is requested. The list must include the names of all persons purchasing land under recorded contracts of sale, and must be certified as to completeness by the applicant or some person otherwise qualified by knowledge of the public records. The building inspector shall satisfy himself of the completeness of the list before accepting it for filing. (Ord. 168)

   D.   In a request for a variance to stable or domicile barnyard pets in the subdivided portions of the city, the application will include the signed concurrence of at least seventy five percent (75%) of property owners by number and area of all properties any part of which is within three hundred feet (300') of the property for which the variance is requested. (Ord. 75-76-01, 9-15-1975)

The board of adjustment and appeals is authorized to make the following charges:

   A.   For an application requesting rezoning, there will be a total charge of five hundred dollars ($500.00). Three hundred dollars ($300.00) shall be applied towards processing the request and the cost of advertising. Two hundred dollars ($200.00) shall be applied towards attorney fees incurred by the city for processing the request.

   B.   For an application requesting a variance, there will be a charge of one hundred dollars ($100.00), which shall be applied to expenses incurred by the city.

   C.   For an application requesting the abandonment of property, there will be a total charge of five hundred dollars ($500.00). Three hundred dollars ($300.00) shall be applied towards the city's expenses in processing the request. Two hundred dollars ($200.00) shall be applied towards attorney fees incurred by the city. (Ord. 2-1996, 3-25-1996)

Upon receipt, in proper form, of the application, the board of adjustment and appeals shall proceed to hold a public hearing upon the application not more than thirty (30) days nor less than fifteen (15) days after the filing, at which all persons whose property is directly affected and the general public shall be given an opportunity to be heard. Notice of the application and hearing shall be given not less than seven (7) days prior to the hearing by publication of the notice at least once in a newspaper of general circulation in the area involved, and by depositing in the United States mail notices thereof addressed to the last known owners as shown on the list submitted by the applicant under the provisions of subsection 10-16-1C of this chapter. (Ord. 168)

At the public hearing on a variance application, the applicant shall present a statement and adequate evidence in such form as the board of adjustment and appeals may require for the purpose of showing:

   A.   That there are special circumstances or conditions applicable to the property referred to in the applications which do not prevail on other property in that zone.

   B.   That the strict application of the regulations would work an unnecessary hardship and that the granting of the application is necessary for the preservation and enjoyment of substantial existing property rights.

   C.   That the granting of such application will not materially affect the health or safety of persons residing or working in the neighborhood and will not be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood. (Ord. 168)

In the event the board of adjustment and appeals finds that substantial conformity to standards previously established in the zone may be secured and that detriment or injury to the neighborhood will not result from the granting of a variance as applied for, it may approve or conditionally approve the issuance of said permit and transmit notice of its action to the building inspector. A report of its findings and recommendations and any conditions imposed or required shall also be submitted promptly to the planning and zoning commission and the city council. (Ord. 168)

In the event the board of adjustment and appeals disapproves an application for a variance, no permit shall be issued pending further action thereon by an appeal to the superior court within thirty (30) days from the date said disapproval is officially entered on the minutes of the board. If said court shall overrule the action of the board, then the building inspector shall issue the request permit without further action of the board, unless the court orders the board to hold a further hearing to permit the board to fix conditions or require guarantees, as set forth in sections 10-16-7 and 10-16-8 of this chapter. (Ord. 168)

In approving any variance, the board of adjustment and appeals may designate such conditions in connection therewith as will, in its opinion, secure substantially the objectives of the regulation or provision to which such variance is granted, to provide adequately for the maintenance of the integrity and character of the zone in which such permit is granted, and shall provide the zoning inspector with a copy of the same. (Ord. 168)

Where necessary, the board of adjustment and appeals may require guarantees, in such form as it may deem proper under the circumstances, to ensure that the conditions designated in connection therewith are being or will be complied with. Where any condition under which a variance has been granted is violated, the variance shall cease to exist and the permit shall become null and void. (Ord. 168)