(A) The City Council, by ordinance, may authorize in the manner provided by law variations from the provisions of this chapter where there are practical difficulties or particular hardships in the way of carrying out the strict letter of any of the provisions of this chapter relating to the use, construction or alteration of buildings or structures in the use of land. No variation shall be made except in a specific case and after a public hearing before the Committee, pursuant to notice and after a report with findings of fact of the Zoning Committee, as provided by the laws of this state.
(B) No variation shall be allowed:
(1) To permit a nonconforming use which will interfere materially with the use of adjoining premises in conformity with the regulations applicable to the use district in which it is located.
(2) To permit a billboard to be erected or maintained.
(3) To permit a nonconforming use in any residence district, except where there are two or more similar nonconforming uses in the same block, a variation may be allowed:
(a) To alter or remodel a family residence so as to provide for two dwelling units therein;
(b) To erect a two-family dwelling in a one-family district; and
(c) To erect, reconstruct, alter or remodel a building in a one-family district for an apartment.
(4) To permit a nonconforming manufacturing district use in a business district:
(a) Unless it is an extension of a permitted nonconforming use by enlarging a building or erecting additional buildings as part of one establishment upon a lot or lots adjoining a lot on which the nonconforming use exists; or
(b) Unless a separate tract, the title of which was of record on the effective date of this chapter, is divided by a district boundary line, but the variation shall be limited to the use permitted in the adjoining district and shall not be extended more than 25 feet beyond the district boundary lines.
(C) Any application for a variance for permanent structure under this section for yards and lot areas may, at the city’s discretion, be accompanied by a survey establishing the application boundary lines by a licensed surveyor, if the city deems such survey necessary to establish the boundary lines.
(Ord. 1288, passed 9-16-03; Am. Ord. 1313, passed 2-15-05; Am. Ord. 1431, passed 5-17-11; Am. Ord. 1443, passed 10-18-11)