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(A) The Zoning Board may permit variations in specific cases where practical difficulties or particular hardships occur. The Board shall do so only where the granting of such a variation would be in harmony with the general purpose and intent of this chapter. The Board may grant variations in the following instances only, and in no others:
(1) To permit any yard, court, setback or line to be of less dimension than required by the applicable regulations;
(2) To permit any structure to exceed the height limitations imposed by the applicable regulations;
(3) To permit a reduction in the number of street parking spaces in connection with a particular use;
(4) To permit a reduction in the minimum ground floor area requirement for single-family residences.
(B) No variations shall be granted by the Zoning Board except after a public hearing is conducted as provided in § 153.109.
(C) The Zoning Board shall prepare a record of the findings of fact and decision in each case from the evidence presented at the public hearing. The Board shall use the following standards when considering the practical difficulties or particular hardship:
(1) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;
(2) That the land, structure or building involved cannot reasonably be developed or used in accordance with the requirements of the district in which it is located;
(3) That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;
(4) That the special condition and circumstances do not result from the actions of the applicant;
(5) That granting the variation requested will not give the applicant of the property in question privileges not generally held by other property owners or occupants in the same vicinity and district;
(6) That the granting of the variation will be in harmony with the purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
(Ord. 443, passed 5-19-86)
(A) Certain types of uses may be permitted in the particular Zoning Districts when special consideration has been given to the site itself and the characteristics of surrounding property. The purpose of this section is to allow the Zoning Board the authority to impose certain conditional standards when taking into consideration the characteristics of the surrounding property.
(B) No special use permits shall be granted by the Zoning Board except after a public hearing is conducted as provided in § 153.109.
(C) The Zoning Board shall prepare a record of the findings of fact and decision in each case from the evidence presented at the public hearing. The Board shall use the following standards when considering an application for a special use permit:
(1) That the proposed use is consistent with the city's land use plan;
(2) That the proposed use will not be detrimental to or endanger the public health, safety, morals, comforts, or general welfare;
(3) That the proposed use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the uses already permitted, or substantially reduce the value of neighboring property;
(4) That the proposed use will not impede orderly growth, development and improvement of surrounding properties for those uses permitted in the zoning district;
(5) That the proposed use is provided, or will be provided, with adequate utilities, access roads, drainage, and necessary facilities.
(Ord. 443, passed 5-19-86)
(A) The regulations set forth in the text of this chapter and the Zoning District Map may be amended upon application by any person or party, or by the Zoning Board and City Council. The chapter shall only be amended when the proposed change promotes the public health, safety, morals, comfort, or general welfare of the residents of the city.
(B) No zoning text amendment or Zoning District Map amendment shall be considered except after a public hearing has been conducted by the Zoning Board as provided in § 10.99.
(C) The Zoning Board shall prepare a record of the findings of fact and decision in each case from the evidence presented at the public hearing. The Board shall use the following standards when considering amendments to the chapter:
(1) The suitability of the subject property for uses authorized by the existing zoning;
(2) The suitability of the subject property for uses authorized by the proposed zoning;
(3) The existing land uses of nearby property;
(4) Existing zoning of nearby property;
(5) Whether the petitioned zoning change is in the best interest of the general public or is it solely for the benefit of the petitioner.
(D) After the public hearing, the City Council shall approve or deny the proposed amendment. All decisions of the City Council are final, and are subject to review by the courts of the state.
(Ord. 443, passed 5-19-86; Am. Ord. 871-A, passed 6-10-19)
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