1. Purpose. The Board of Adjustment, upon appeal in specific cases and after public hearing, may temporarily vary the regulations of this chapter in harmony with the general purpose and intent where the Board makes findings of fact in accordance with the standards hereinafter prescribed, and further finds that there are practical difficulties or unnecessary hardships in the way of carrying out the literal provisions of this chapter.
2. Application for Variance and Notice of Hearing. An application for a temporary variance shall be filed, in writing, with the Building Inspector. The application shall be in the number of copies and contain such information as the Board may, by rule, require. The Board shall select a reasonable time and place for the hearing of the request for a temporary variance. Notice of the time and place of such public hearing shall be published at least once in a publication of general circulation within the City of Hiawatha, said publication to be made not less than 7 or more than 20 days before the date of the hearing. The Board shall reach its decision within 45 days from the date of the hearing unless such time is extended by mutual consent of the petitioner and the Board.
3. Authorized Variance. Temporary variances from the regulations of this chapter may be granted by the Board. The Board may temporarily vary, modify, or waive the requirements of this chapter so that substantial justice may be done and the public interest is secured provided, however, that such temporary variance, modification, or waiver will not have the effect of nullifying the intent and purpose of this chapter. In granting a temporary variance, the Board may impose such additional conditions as are necessary to secure substantially the objectives of the requirements temporarily varied, modified, or waived. In no event shall a variance be granted which:
A. Exceeds five (5) days; and
B. Is substantially similar to a variance that has previously been granted within the prior twelve (12) months.
Next Doc