The following rules shall govern the practice in zoning cases before the City Council or the Zoning Board of Appeals whenever a variation in the application of the regulations contained in this title or amendments hereto, or a special use permit is desired: (Ord. 349, 1-24-2006; amd. 2008 Code)
A. Petition For Variation Or Special Use: The person desiring a variation in the application of the regulations contained in this title or amendments hereto, or desiring a special use permit, must be an owner or contract purchaser and shall file with the Zoning Official a petition describing the variation or special use sought. The petition must include the names and addresses of the owners of all parcels of land that abut the land for which a variance or permit is sought. For this purpose, the names and addresses used for the most recent tax bills on such abutting land shall be sufficient.
B. Petition Transmitted To City Officials: The Zoning Official shall transmit the petition to the City Clerk and to the members of the Zoning Board of Appeals for hearing. (Ord. 349, 1-24-2006)
C. Standards For Variations: The Zoning Board of Appeals may vary the application of this title in cases where there are practical difficulties or particular hardships in carrying out the strict letter of any of those regulations relating to the use, the construction or alteration of buildings or structures, or the use of land. In its consideration of the standards of practical difficulties or particular hardship, the Zoning Board of Appeals shall require evidence that: 1) the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by this title; and 2) the plight of the owner is due to unique circumstances; and 3) the variation, if granted, will not alter the essential character of the locality. A variation will be granted only if the evidence sustains each of the three (3) conditions enumerated. Every variation granted or denied by the Board shall be made by written order, which shall contain findings of fact specifying the reasons for such decision, a copy of which order shall be furnished to the applicant. The Zoning Official shall furnish a copy of any variance granted to the Chair of the Zoning Board of Appeals. The Zoning Official shall record said variance with the County Recorder of Deeds. (Ord. 349, 1-24-2006; amd. 2008 Code)
D. Standards For Special Use: The City Council may grant a special use permit, in cases where there are practical difficulties or particular hardship in carrying out the strict letter of any of those regulations relating to the use of land, building or structures. In its consideration of the standards of practical difficulties or particular hardship, the Council shall require evidence that: 1) the property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by this title; and 2) the plight of the owner is due to unique circumstances; and 3) the special use permit, if granted, will not alter the essential character of the locality. A special use permit will be granted only if the evidence sustains each of the three (3) conditions enumerated. Every special use permit granted or denied by the Council shall be made by written order which shall contain findings of fact specifying the reasons for such decision, a copy of which order shall be furnished to the applicant by the Council.
E. Hearing: No variation or special use permit shall be made except in a specific case and after a public hearing before the Zoning Board of Appeals. At the hearing, the proponents and the opponents of the petition and their respective attorneys may appear and be heard. All testimony shall be made under oath or affirmation.
F. Notice Of Hearing: Notices of the time and place of the public hearing of the Zoning Board of Appeals shall be given in each case by publishing a notice thereof in a newspaper of general circulation within the City not more than thirty (30) days nor less than fifteen (15) days before the hearing. The notice shall contain the particular location for which the relief is requested as well as a brief description of the proposed relief. A notice of the time and place of the public hearing shall also be posted on or as close as possible to the land for which relief is sought. Additionally, notice of the time and place of the public hearing shall be mailed not less than ten (10) days before the hearing to the persons identified as owners of abutting land in the petition.
G. Decisions: All decisions of the Zoning Board of Appeals on variances, arrived at after the hearing, shall require a majority vote of the quorum, and such decisions shall be final, subject only to judicial review, in accordance with applicable State statutes.
H. Existing Variations: All variations still in use, granted under the City's prior zoning ordinances, are hereby ratified. (Ord. 349, 1-24-2006)