The Board of Zoning Appeals may authorize upon appeal in specific cases, filed as provided in this chapter, such variances from this Zoning Code as will not be contrary to the public interest, but only in the case of exceptional conditions involving irregular, narrow, shallow or steep lots, or other exceptional physical conditions, whereby the strict application of this Zoning Code would result in practical difficulty and unnecessary hardship that would deprive the owner of the reasonable use of the land or buildings involved, but in no other case. Any application for a variance, which could be approved through rezoning to any other classification, shall not be approved as a variance, since this act would be equal to rezoning. No variance from the strict application of this Zoning Code shall be granted by the Board unless it finds, beyond a reasonable doubt, that all of the following facts and conditions exist:
(a) There are special circumstances or conditions, fully described in the Board’s decision, applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to land or buildings in the neighborhood, and that such circumstances or conditions are such that the strict application of this Zoning Code would result in practical difficulty and unnecessary hardship and deprive the applicant of the reasonable use of the land or building.
(b) The variance as granted by the Board is the minimum variance that will accomplish the reasonable use of the subject land or building.
(c) The granting of the variance shall be in harmony with the general purpose and intent of this Zoning Code and shall not be injurious to the neighborhood or otherwise detrimental to the public welfare. In addition to considering the character and use of adjoining buildings and those in the vicinity, the Board, in determining its findings, shall take into account the number of persons residing or working in such buildings or upon such land and traffic conditions in the vicinity.
(d) (1) All requests for a variance of the current Zoning Code will be published in a local newspaper once a week for a period of two weeks prior to being heard by the Board of Appeals. The ad will be one column square with a black border. It is to be displayed in a location other than in the legal ads.
(2) Included in the public notice for a variance requested in the Zoning Code, will be the time and place of the meeting at which such variance will be considered by either the Planning Commission or the Board of Appeals.
(3) The outcome of each variance request considered by either the Planning Commission or the Board of Appeals shall be published in a newspaper of local circulation at least once a week for two weeks. The notice shall state if the variance was granted or rejected and any other pertinent facts that would affect property owners within the city.
(4) The cost of advertising and notification to the public shall be paid by the person or persons requesting the variance of the city’s Zoning Code and shall be paid in advance at the time of application.
(Ord. 77-25, passed 4-28-1977; Am. Ord. 90-19, passed 6-25-1990)