(a) The Planning and Zoning Commission may authorize upon written appeal in specific cases such variance from the terms of this Zoning Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Zoning Ordinance would result in unnecessary hardship or peculiar and exceptional practical difficulties.
(b) Before action is taken on a request for a variance, the Planning and Zoning Commission shall hold one or more public hearings at which any party may appear in person, by agent, or attorney.
(c) Notice shall be given at least 30 days in advance of a public hearing. The owner of the property and all property owners immediately adjacent to the property for which the variance is requested or his agent shall be notified by mail. Notice of hearings shall be made in a newspaper of general circulation. Failure of delivery of such notice shall not invalidate any such ordinance, measure, or regulation.
(d) A variance from the terms of this Zoning Ordinance may be granted by the Planning and Zoning Commission upon a finding that:
(1) There are special conditions and circumstances which are peculiar to the land structure, or building involved which are not applicable to other lands, structures, or buildings in the same district.
(2) A literal interpretation of the provisions of this Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Zoning Ordinance.
(3) The special conditions and circumstances do not result from the actions of the applicant.
(4) Granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district.
(5) The variance requested will be in harmony with the general purpose and intent of this ordinance, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(6) The variance requested is the minimum variance that will make possible the legal use of the land, building, or structure.
(e) No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered ground for the issuance of a variance.
UNDER NO CIRCUMSTANCES SHALL THE PLANNING AND ZONING COMMISSION GRANT A VARIANCE TO ALLOW A USE NOT PERMISSIBLE UNDER THE TERMS OF THIS ZONING ORDINANCE IN THE DISTRICT INVOLVED WHERE A ZONE CHANGE IS REQUIRED.
(Ord. 0-35-96. Passed 8-5-96.)