(a)

The board of adjustment shall have the power to authorize upon appeal in specific cases variances from the sections of this article as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this article would result in unnecessary hardship.

(b)

As used in this article, a variance is authorized only for height, area, size of structure, size of yards or landscaped open spaces, size of impervious surfaces and number of parking spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.

(c)

A variance from the terms of this article shall not be granted by the board of adjustment unless and until:

(1)

A written application for a variance is submitted demonstrating:

a.

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

b.

That literal interpretation of the provisions of this article would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this article;

c.

That the special conditions and circumstances do not result from the actions of the applicant;

d.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this article to other lands, structures, or buildings in the same district. No nonconforming use of neighboring lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

(2)

Notice shall be given at least 15 days prior to the public hearing. The notice shall be mailed to all owners of property within 200 feet of the property affected and a notice shall be posted upon the property; the written notice shall contain the time and place of the public hearing and the proposed action to be taken. Notice shall also be given in a newspaper of general circulation in the city 15 days prior to the public hearing.

(3)

The applicant shall pay to the city a fee prescribed by the city commission to cover administrative costs of the appeal.

(4)

The public hearing shall be held. Any party may appear in person, or by agent or by attorney.

(5)

The board of adjustment shall make findings that the variance is justified by the criteria outlined in this section.

(6)

The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.

(7)

The board of adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this article, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

(d)

In granting any variance, the board of adjustment may prescribe the appropriate conditions and safeguards in conformity with this article. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this article.

(e)

Upon the granting of a variance as provided for in the preceding paragraphs, the person receiving such a variance shall exercise the same within a period of two years from such grant; and all such variances granted and not exercised within two years shall expire and be no further in force and effect.

(f)

Under no circumstances shall the board of adjustment grant a variance to allow a use not permissible under the terms of this article in the district involved, or any use expressly or by implication prohibited by the terms of this article in such district.

(g)

The concurring vote of four members of the board shall be necessary to effect any variation in the application of this article.

(h)

Whenever the board of adjustment has granted a variance, it shall not consider any new application for a greater variance nor shall it reconsider any request for rehearing of an earlier application for a variance greater than that granted, except as provided for below. Whenever the board of adjustment has denied a variance request, it shall not reconsider that variance request nor shall it consider a request for any variance greater than or equal to that already denied, except as provided for below. The prohibition contained in this section against the board of adjustment's considering, reconsidering, or rehearing variance requests shall not apply:

(1)

Where a period of three years has run since the date of the board's prior action on the variance request; or

(2)

Where the relevant circumstances surrounding the variance request have materially changed since the board of adjustment's earlier decision.

(i)

The right to reapply for a variance request after the passage of three years shall not prevent the board from applying the doctrine of administrative res judicata.

(Ord. No. 2796-10, § 2, 2-22-10; Ord. No. 3269-23, § 2, 4-26-23)