(a) Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of this Zoning Ordinance, the Board of Zoning and Building Appeals shall have power to vary the application of any provisions in harmony with the general purpose and intent of this Zoning Ordinance, so that the public health, safety, morals and general welfare may be secured and substantial justice done. It may order a public notice and hearing before acting.
(b) Variations in specific cases of practical difficulty or unnecessary hardship, in addition to other proper variations, shall include the following:
(1) Grant in undeveloped sections of the City a temporary and conditional permit for not more than a two-year period for structures that do not conform to the regulations herein prescribed for the district in which they are to be located. Such permit may be renewed if the general conditions of the neighborhood have remained practically unchanged. An area of more than ten acres used for farm purposes, or any area of more than ten acres not over two percent occupied by residences, shall be considered an undeveloped section.
(2) Permit in any district such modifications of the requirements of this Zoning Ordinance as the Board may deem necessary to secure an appropriate development of a lot or parcel where, adjacent to such lot or parcel, there are buildings or uses which do not conform to the regulations of this Zoning Ordinance, provided that the Board shall find no material damage or depreciation in value will result to neighboring properties.
(3) Permit the extension of a building or use into a more restricted district immediately adjacent thereto, provided the Board shall find that such use will not substantially injure neighboring property.
(4) Permit such modifications of the lot dimensions and lot area regulations, or the front, rear and side yard regulations, as may be necessary to secure appropriate improvement of a parcel or subdivision of land which is of such topography or restricted area that it cannot be appropriately improved without such modifications.
(5) Permit the erection of an addition to an existing building to the same height above the grade level as such existing building where such addition is essential to the completion of such building as originally planned.
(6) Permit, in a Use District, any use deemed by the Board which is in general keeping with the uses authorized in such district.
(Ord. 1735-1957. Passed 12-3-57.)
(c) Upon receipt by the Board of a written application for a variance from a provision of the Zoning Ordinances, where the subject of the requested variance concerns a swimming pool or a fence, the Board shall send notice of the monthly public hearing at which such proposed change is to be considered; such notice to be sent to the record owner of the premises described in the application, or his agent, and to the record owners of all parcels within fifty feet of the premises described in the application. Where the property within the fifty foot radius is under the same ownership as the parcel involved in the proposed change, then the owners of the parcel next adjoining the property of the applicant shall also be notified as above provided. In the case of any other written application received by the Board for a variance, the Board shall send notice of the monthly public hearing at which such proposed change is to be considered; such notice to be sent to the record owner of the premises described in the application, or his agent, and to the record owners of all parcels within 200 feet of the premises described in the application. Where the property within the 200 foot radius is under the same ownership as the parcel involved in the proposed change, then the owners of the parcel next adjoining the property of the applicant shall also be notified as above provided. Such notice shall set forth the time, date and place of the public hearing at which the Board is to consider the variance and shall be sent by certified mail not less than five days prior to such hearing.
(Ord. 7305-1989. Passed 1-16-90.)