Section 98-4. variance.
(a) hardship. Where the planning and zoning board finds that hardship may result from strict compliance with this chapter, it may recommend that the regulations be varied so that substantial justice may be done and the public interest secured; provided that such variance will not have the effect of nullifying the intent and purpose of the comprehensive plan or these regulations.
(b) Application. Any person owning an interest in any real property may apply to the board of adjustment for a variance from these regulations. The application shall first be submitted to the planning and zoning board for study and written recommendation, and shall be accompanied by a fee established by the city council. The application shall be submitted at least 14 days prior to the 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. The application shall be in such form as approved by the planning and zoning board and shall contain the following minimum information:
(1) The name of the owner of the particular real property.
(2) If the applicant is other than all the owners of the particular property, written consent signed by all owners of the particular real property shall be attached.
(3) The legal description of the particular real property, accompanied by a certified survey of that portion of the map maintained by the tax assessor reflecting the boundaries of the particular real property.
(4) The current zoning classification, special use classification, with any specified conditions, or conditional use designation as recorded on the official zoning maps.
(5) The variance from the provisions of this chapter requested plus the basis for the request.
(6) Names and addresses of all property owners owning property within 200 feet of the particularly property, accompanied by a certified survey or that portion of the map maintained by the tax assessor reflecting the boundaries of the parcels affected.
(c) Public hearing; notice. Upon receipt of the executed application and recommendation from the planning and zoning board, the board of adjustment shall forthwith schedule a hearing on the application. Notice of the time and place of the public hearing shall be given to the applicant at least 15 days prior to the public hearing. Notice of the time and place of the public hearing on the application shall be published once at least 15 days prior to the public hearing in a newspaper of general circulation within the county. The notice shall contain the name of the applicant, the legal description of the affected property, the existing zoning classification, special use classification or conditional use designation and requested variance from the provisions of this chapter. In addition, a notice containing the aforementioned information shall be posted in the city hall by city officials, and a notice containing the information mentioned in this subsection, excluding the legal description but including total affected acreage, shall be posted by the applicant for the variance on the affected property at least 15 days prior to the public hearing. If the property abuts a public road right-of-way, the notice shall be posted in such a manner as to be visible from that road right-of-way. An affidavit signed by the owner or applicant evidencing posting of the affected real property must be received by the city prior to the time that such matter is heard by the board of adjustment. Failure to provide such affidavit prior to the hearing shall result in tabling the application for one meeting at cost to the applicant or denial of the request. It shall be unlawful for any person to remove the notice containing the information mentioned in this subsection from the affected property or from the city hall. Any person found guilty of violating this section shall be subject to legal action.
(d) Prerequisites to granting. A variance may be granted when it will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of these regulations will result in hardship; provided specifically, however, that economic or personal medical reasons shall not be considered as grounds for establishing hardship sufficient to qualify an applicant for a variance. In order to authorize any variance from the terms of these regulations, the board of adjustment shall find all of the following factors to exist:
(1) Special conditions and circumstances exist which are not applicable to other lands, structures or buildings in the applicable zoning classification; and
(2) The special conditions and circumstances do not result from the actions of the applicant; and
(3) Granting the variance requested will not confer on the applicant any special privilege that is denied by the provisions of this chapter to other lands or structures in the identical zoning classification; and
(4) Literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the identical zoning classification under the provisions of this chapter and will constitute unnecessary and undue hardship on the applicant; and
(5) The variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; and
(6) The granting of the variance will be in harmony with the general intent and purpose of this chapter and such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.
In no case shall the planning and zoning board recommend the granting of a variance which will result in a change of land use that would not be permitted in the applicable zoning classification.
(e) Conditions. In recommending the greeting of any variance, the planning and zoning board may prescribe appropriate conditions and safeguards in conformity with this chapter and any ordinance enacted by the city. The board of adjustment may also, as a condition of approval, recommend compliance with any site plan or other specification submitted by the applicant when it has relied upon such site plan or specifications in granting the variance. 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. variances granted from a specific requirement of this chapter shall be in full force only as long as that specific requirement is in effect. Furthermore, the board of adjustment may prescribe a reasonable time limit within which the action for which the variance is required shall be begun or completed, or both.