(A) The Board of Adjustment shall have the following powers:
(1) Appeals. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter.
(2) Consideration. When a property owner can show that a strict application of the terms of this chapter relating to the use, construction, or alteration of buildings or structures or the use of land will impose upon him practical difficulties or particular hardship, the Board may consider and allow variations of the strict application of the terms of this chapter if the variations are in harmony with the general purpose and intent of this chapter, and the Board is satisfied, under evidence heard by it, that a granting of the variation will not merely serve as a convenience to the applicant but will alleviate some demonstrable hardship or difficulty so great as to warrant a variation from the comprehensive plan by this chapter created.
(3) Authorization. The Board may authorize a variance where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property of record at the time of the adoption of this chapter or by reason of exception topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of a provision of this chapter would result in peculiar and exceptional practical difficulties and particular hardship upon the owner of the property and amount to a practical confiscation of the property as distinguished from a mere inconvenience to the owner, provided the variation can be granted without substantial detriment to the public good and without substantially impairing the general purpose and intent of the comprehensive plan as established by the regulations and provisions contained in this chapter.
(4) Special exceptions. When in its judgment the public convenience and welfare will not be substantially or permanently injured, the Board of Adjustment may in a specific case, after public notice and hearing and subject to appropriate conditions and safeguards, authorize special exceptions to the regulations herein established as follows:
(a) To permit a transitional use between a business or industrial district and a dwelling district where the side of a lot in a one family district or a two family district abuts upon a lot zoned for business or industrial purposes. On a lot in a single family dwelling district which sides upon a lot zoned for business or industrial purposes, the board may permit a two family dwelling.
(b) Permit the extension of a building or use into a more restricted district, immediately adjacent thereto, but not more than 50 feet beyond the boundary line of the district in which such building or use is authorized.
(c) Permit such modification of yard, open space, lot area, or lot width regulations as may be necessary to secure an appropriate improvement of a parcel of land if such parcel is separately owned at the time of the original passage of this chapter or subsequent annexation of the city and is of such restricted area that it cannot be appropriately improved without such modification.
(d) To determine in cases of uncertainty the classification of any use not specifically named in this chapter.
(e) To grant a permit for the extension of a use, height, or area regulation into an adjoining district, where the boundary line of the district divided a lot in a single ownership at the time of the adoption of this chapter.
(f) To permit as an accessory use a parking area for passenger automobiles on a lot or lots in a single family, duplex, or apartment house district adjoining or across a street of not more than 50 feet in width from an R-1 or R-2 District, subject, however, to the following provisions:
1. The area shall be properly enclosed with a hedge, screen, fence, wall or other suitable enclosure having a height of not less than three feet nor more than six feet. Such fence or enclosure shall conform to the front yard regulations of the district in which it is located.
2. The area shall be paved.
3. No parking of vehicles shall be permitted within six feet of any adjoining lot on which is located a single family residence, duplex, or multiple dwelling.
4. One sign, not exceeding two and one-half square feet in area, may be erected identifying the lot.
5. No charges may be made for parking and no other business use may be made of the lot.
6. Any light used to illuminate the parking area shall be so arranged as to direct the light away from any adjoining premises used for residential purposes.
(5) Any appeal or permit granted by the Board of Adjustment shall not be valid if construction authorized by the permit is not begun within a period of 60 days.
(B) In exercising the above mentioned powers such Board may in conformity with the provisions of this subchapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken
(C) In considering all appeals and all proposed variations to this chapter the Board shall, before making any finding, in a specific case, first determine that the proposed variation will not constitute any change in the district map and will not impair an adequate supply of light and air to adjacent property, or materially increase the congestion in public streets, or increase the public danger of fire and safety, or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals, and welfare of the city.
(D) Every variation granted or denied by the Board shall be accompanied by a written finding of fact, based on sworn testimony and evidence, specifying the reason for granting or denying the variation.
(Ord. 2001-36, passed 11-13-01)