The Board of Zoning Appeals may in specific cases, after public notice is given as required and subject to appropriate conditions and safeguards, determine and vary the application of the use, height and area regulations and the building line regulations herein established, in harmony with their general purpose and intent as follows and authorize the issuance of a permit for:
(a) Any public utility building in an R-1, R-2, R-3 and C-1 District where necessary for public convenience and welfare.
(b) The construction of a building beyond the building line to an extent necessary to secure an appropriate improvement of a lot or parcel of land that is of such restricted area or such topography that it cannot be improved without building beyond the building line.
(c) A group development within an R-1 or R-2 Residence District upon a plot of ground containing two or more acres, where the appropriate use of adjacent property is fully safeguarded and the plans have been approved by the City Planning Commission and the area requirements of an R-1 or R-2 District have been met.
(d) All cases elsewhere enumerated in this Zoning Code where approval of the Board is required after public notice and hearing.
(e) A building or use in an I-1 District where such building or use is expressly prohibited, provided such use is distinctly incidental and essential to the main use of the plant or grounds therein permitted. Such incidental use of a building or grounds shall not occupy more than ten percent (10%) of the lot and shall not be located within fifty feet of any street line or residential district.
(f) A private park for a church group or a gun club or a private swimming pool for an organized group of citizens may be permitted by the Board, subject to conditions.
(g) Conditions Requiring Variances. In all other cases where there is practical difficulty or unnecessary hardship in the way of carrying out the strict letter of the provisions of this Zoning Code, the Board of Zoning Appeals shall have the power, in a specific case, to vary or modify the application of any such provisions in harmony with the general purpose and intent of this Zoning Code so that public health, safety, morals and general welfare may be safeguarded and substantial justice done.
(h) Limitation of Variance Powers. Such variance shall be limited to specific cases where:
(1) The practical difficulty or unnecessary hardship inheres in and is peculiar to the premises sought to be built upon or used because of physical size, shape, or other characteristics of the premises or adjoining premises which differentiate it from other premises in the same district, and create a difficulty or hardship caused by a strict application of the provisions of this Zoning Code not generally shared by other land or buildings in the same district;
(2) Refusal of the variance appealed for will deprive the owner of substantial property rights; and
(3) Granting of the variance appealed for will not be contrary to the purpose and intent of the provisions of this Zoning Code.
(i) Data on Which Variance is Based. When appealing for a variance, the appellant shall state and substantiate his claim that the three conditions listed under subsection (h) hereof exist and the Board shall make a finding on each of the three conditions as they apply in each specific case as a prerequisite for the granting of the variance.
(j) Variance From Use Regulation. Upon the finding that criteria set forth in subsection (h) (1), (2) and (3) hereof are met, the Board may grant variances from the use regulations as follows:
(1) The Board may permit, in any use district, the extension of a building or use existing on the effective date of the use regulations of the area, into adjoining land in a more restricted district, where land was under the same ownership on the effective date, under such conditions as will safeguard the character of the more restricted district;
(2) Any use in any district that is not specifically prohibited and that is in general in keeping with and appropriate to the use as authorized in such district.
(Ord. 96-71. Passed 8-26-96.)