(A) Procedural authority.
(1) The City Council may authorize rezoning or variations from the provisions of this chapter where there are practical difficulties or particular hardships in the way of carrying out the strict letter of any of the provisions of the chapter relating to the use, construction or alteration of buildings or structures or the use of land. However, no such rezoning or variation shall be made by the City Council except in a specified case and after a public hearing before the Board of Appeal's recommendation with a finding of fact has been received by the City Council.
(2) The City Council, by ordinance, without further public hearing, may adopt any proposed rezoning or variation or may refer it back to the Board of Appeals for further consideration; provided, however, that any proposed rezoning or variation which fails to receive the approval of the Board of Appeals shall not be passed except by the favorable vote of two-thirds of all the City Council.
(B) Applications.
(1) All applications for rezoning or variation to the provisions of this chapter and from the strict application of the terms of this chapter shall be made in writing and submitted directly to the Board of Appeals which shall have original jurisdiction in such matters.
(2) Rulings should not be made allowing the requested rezoning or variation merely because it would serve as a convenience to the applicant.
(3) Before granting a rezoning or variation, the Board of Appeals should find, among other facts, that the granting of the rezoning or variation is necessary to alleviate some demonstrable hardship or difficulty and is in harmony with the intent and general purpose of this chapter.
(C) Public hearing. The Board shall make no recommendation except in a specific case and after a public hearing conducted by the Board. A notice of the time and place of such public hearing shall be published in a paper of general circulation in the city at least 15 days previous to the hearing. Such notice shall contain the address or location of the property for which the rezoning, variation or other ruling by the Board is sought, as well as a brief description of the nature of the appeal.
(Ord. 552, passed - -62; Ord. 855, passed 10-7-86)