(A) The Board of Appeals shall also hear all applications for rezoning or variations to the provisions of this chapter and shall submit to the City Council its recommendations, based on a finding of fact, for enactment in an amended ordinance, as the City Council sees fit.
(B) In making recommendations to the City Council, the Board of Appeals shall find that a proposed rezoning or variation will not contaminate the air, nor impair the light supply to adjacent property, increase the congestion in the public streets, increase the danger of fire, impair or diminish property values or be contrary to the general health, safety and welfare of the people of the city.
(C) The City Council shall not authorize a rezoning or variation until a public hearing has been held by the Board of Appeals pursuant to notice and until the Board's recommendation when such finding of fact has been received by the City Council.
(D) Construction necessitated variations.
(1) Authorization. In the event that a variation necessitated by construction is requested after the commencement of construction on the property in question, the Zoning Board of Appeals may recommend and the City Council may vary the regulations of this chapter relating to the construction of buildings or structures and the bulk requirements of this chapter provided the Board makes a finding of fact, based upon the standards hereinafter prescribed that construction has caused practical difficulties or particular hardship in the way of carrying out the strict letter of any of those regulations relating to the construction of buildings or structures.
(2) Application. The application process for a variance under this Code shall apply.
(3) Standards. In the event that a variation necessitated by construction is requested after the commencement of construction on the property in question, the Zoning Board of Appeals shall not recommend and the City Council shall not vary the regulations of this chapter unless the Board shall make findings of fact after a public hearing based upon the evidence as presented that:
(a) The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zone and strict application of the requirements of this chapter to the building or structure constructed.
(b) The plight of the owner is due to unique circumstances such as the owner's unintentional construction of the building or structure in contravention of the requirements of this chapter; and
(c) The variation, if granted, will not alter the essential character of the locality.
(4) A construction necessitated variation shall be permitted only if the evidence, in the judgment of the Zoning Board of Appeals and the City Council sustains each of the three standards enumerated in this section.
(5) The standards set forth in this division shall be the only standards which must be met to permit construction necessitated variations.
(Ord. 552, passed - -62; Ord. 855, passed 10-7-86; Ord. 1281, passed 6-6-05)