Section 110-62. Applications; procedures.
(a) The board of adjustment shall authorize upon appeal in specific cases such variance from this chapter as will not be contrary to the public interest, when owing to special conditions a literal enforcement of this chapter would result in unnecessary hardship. A variance from this chapter shall not be granted by the board of adjustment, except according to the following:
(1) A written application for a variance is submitted demonstrating that:
a. Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings or structures in the same district.
b. Literal interpretation of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.
c. The special conditions and circumstances referred to in subsection (a)(1)a. of this section do not result from the actions of the applicant.
d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or dwellings in the same district. No nonconforming use of neighboring lands, structures or buildings in the same district and no permitted use of land, structures or buildings in other districts shall be considered grounds for the issuance of a variance.
(2) All proposed variances shall be submitted to the planning and zoning board for study and written recommendation. Such proposal shall be submitted at least 14 days prior to the planning and zoning board meeting at which it is to be considered. The board of adjustment shall consider the recommendation of the planning and zoning board as part of the official record when hearing an application for a variance.
(3) The property owner for which a variance is sought shall provide the names and addresses of all affected property owners to the city at least 30 days in advance of the planning and zoning board meeting. For the purpose of this section, an affected property owner or owners shall mean any property owner of record owning property which lies within a radius of 500 feet from any boundary of the property for which a variance is sought as reflected in the survey or that portion of the map maintained by the tax assessor reflecting the boundaries of the parcels affected.
(4) A notice shall be prepared and mailed by the office of the city clerk using certified mail to all affected property owners, stating the time, date, and location of the planning and zoning meeting and further indicating that the role of the planning and zoning board is advisory in nature and that final administrative approval or denial will be before the board of adjustment at a subsequently scheduled meeting; provided however, that failure to receive such notice shall not affect any action or proceeding taken hereunder or constitute a defect upon which any claim can be made against the city.
(5) When any proposed variance lies within 500 feet of the boundary of any property under another government's jurisdiction, notice shall be forwarded to the governing body of the appropriate government authority in order to afford such body an opportunity to appear at the hearing and express its opinion on the effect of said proposed special exception.
(6) Notice of public hearing shall be given as specified for a special exception in section 110-46 et seq.
(7) Any party may appear in person or may be represented by an agent or by attorney at the public hearing.
(8) The board of adjustment shall make findings that the requirements of subsection (a)(1) of this section have been met by the applicant for a variance.
(9) The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible reasonable use of the land, building or structure.
(10) 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 chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(11) It is the intent of this subsection to promote compliance by the city board of adjustment with this code, state law and judicial precedent which provide for written findings of fact in support of board decisions. Such findings should be more than mere conclusory statements or recitations of legislative language. All findings made by the board of adjustment in accordance with this section shall be in writing on the forms which are on file in the city clerk's office and which may be amended from time to time by a resolution duly adopted by the city council.
(b) In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. 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 chapter and punishable as provided by this chapter. Under no circumstances shall the board of adjustment grant a variance to permit a use not generally or by special exception permitted in the district involved or any use expressly or by implication prohibited by this chapter.
Secs. 110-63--110-85. Reserved.
ARTICLE III. ADMINISTRATION AND ENFORCEMENT*
DIVISION 1. GENERALLY