1.   Authorization by Board of Adjustment. Upon appeal from a decision of the Zoning Administrator, the Board shall have authority in specific cases to authorize such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will, in an individual case, result in unnecessary hardship, and so that the spirit of the Zoning Code shall be observed and substantial justice done.

   2.   Procedure. Following an adverse decision by the Zoning Administrator, based upon a determination that a particular structure or use would be contrary to the terms of this chapter, written application may be made to the Board, in connection with an appeal to the Board, requesting that a variance from the terms of this chapter be granted. Such application for a variance shall specifically cite the provision of this chapter as to which a variance is sought, shall specifically describe the nature and scope of the variance requested, and shall specifically identify the lot to which it relates. The variance application shall be made on forms provided by the City and shall be accompanied by a non-refundable $50.00 application fee. The Board, upon receipt of a variance application satisfying the foregoing requirements, shall conduct a public hearing and issue its decision on the application in accordance with the procedural requirements set forth in Section 165.29 of this chapter. If the variance application is granted, the Zoning Administrator shall reverse the decision from which the appeal was taken. Any Zoning Permit issued shall contain a statement of the variance granted and any conditions attached thereto.   

   3.   Council Review of Variance Grants. No grant of a variance by the Board shall be effective until after review of the variance grant by the Council. The Zoning Administrator shall forward all variance applications which have been approved by the Board to the Council for review at its next meeting following such approval. The Council shall, at such meeting, by motion, either approve the variance grant or remand the matter to the Board for further study. If remanded to the Board by the Council, the Board shall reconsider its decision and may either confirm its prior decision or deny the variance grant. If a variance grant is remanded to the Board for further consideration and the Board confirms its initial decision to approve the variance, the variance grant shall become effective 30 days after the Council’s decision to remand.

   4.   Unnecessary Hardship. Before a variance application may be granted, the Board must specifically find that the applicant has established that the zoning restrictions applicable to the zoning lot in question impose an unnecessary hardship upon the property. Unnecessary hardship is established only if all of the following elements are shown to exist:

      A.   No beneficial use may be made of the property if used only for a purpose allowed in, or subject to the restrictions applicable to, the zoning district in which it is located; and

      B.   The plight of the applicant is due to unique circumstances and not to the general conditions in the neighborhood; and

      C.   The use to be authorized by the variance will not alter the essential character of the locality.

   5.   Other Requirements. In addition to the requirement that unnecessary hardship, as defined above, be shown by the applicant, the Board shall grant a variance application only if all of the following conditions are found to exist:

      A.   There are extraordinary and exceptional conditions pertaining to the particular property in question, because of its size, shape, or topography, that are not applicable to other lots or structures in the same district.

      B.   Granting the variance requested will not confer upon the applicant any special privileges that are denied to other persons in the district in which the lot is located.

      C.   A literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other persons in the district in which the property is located.

      D.   The special circumstances are not the result of the actions of the applicant nor were the same in existence at the time the lot was acquired by the applicant.

      E.   The variance requested is the minimum variance that will make possible the lawful use of the land, buildings, or structure so that the variance, if granted, would not totally eliminate the zoning restrictions in question.

      F.   The variance requested is not prospective in nature (i.e., does not involve a structure or use which will not be commenced within one year from the date of approval).

The existence of nonconforming structures or nonconforming uses of land or structures elsewhere in the same district, or of permitted or nonconforming structures or uses in other districts, shall not be grounds for granting a variance application.

   6.   Intent. It is intended by this section to restrict the granting of variances to those rare occasions in which unnecessary hardship has been established, as required by the laws of the State of Iowa.

   7.   Conditions. Conditions may be attached to the approval of variance applications which, in the judgment of the Board, are necessary to protect public health, safety and welfare, protect property values, insure compatibility with neighborhood character, mitigate effects of traffic, insure visual acceptability, including required landscaping and buffering from adjacent uses, and insure compatibility with City plans and development policies.

   8.   Compliance Review. In each inspection and report on the anniversary date of the issuance of any zoning permit, as required pursuant to Section 165.28, the Zoning Administrator shall also inspect and report upon the compliance by the variance applicant with any conditions attached by the Board to the approval of any variance application. Any Certificate of Compliance issued as required under Section 165.28 shall include a certification regarding compliance with such conditions.

   9.   Transfer and Duration. A variance grant applies to the particular lot for which it is requested and not to the applicant. A variance shall not be transferable from one lot or person but remains applicable to the lot when the lot is transferred, unless terminated as hereafter provided. A variance shall be permanent unless the use or structure permitted by the variance is not commenced within one year of variance approval, in which case the variance shall automatically terminate.

   10.   Violations. No person shall make use of any land or structure or erect, construct, alter, enlarge, reconstruct, or move any structure or portion thereof in a manner contrary to any conditions attached to the approval of a variance application nor commence or continue such use or structure after the termination of a variance grant.