(a) Board May Authorize Variance. Upon appeal, and after a public hearing, the Board of Zoning Appeals may vary the strict application of any of the requirements of the Zoning Ordinance, provided that such variance shall be in the case of exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved, but in no other case. The purpose of any variance shall be to prevent discrimination, and no variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone.
(b) Required Showing for Variance. No variance in strict application of any provision of the Zoning Ordinance shall be granted by the Board unless it finds special circumstances or conditions applying to the land or buildings that do not apply generally to land or buildings in the neighborhood; that such circumstances or conditions are such that the strict application of the provisions of the Zoning Ordinance would deprive the applicant of the reasonable use of the land or building; that the variance granted by the Board is the minimum variance that will accomplish relief and that the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvement in that vicinity and district in which the property is located.
(1) The Board may grant a variance provided the following findings are made where relevant in a given case:
A. That there are unique physical circumstances or conditions including irregularity, narrowness, or shallowness of lot size or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship is due to such conditions, and not circumstances or conditions generally created by the provisions of the Zoning Ordinance in the neighborhood or district in which the property is located;
B. That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance, and that the authorization of a variance is therefore necessary to allow the reasonable use of the property;
C. That such unnecessary hardship has not been created by the appellant;
D. That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and
E. That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation at issue.
(2) In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Zoning Ordinance.
(c) Board May Decide on Requests for Special Uses. Special Uses, also known as Special Exceptions, or Conditional Uses, shall require individual consideration in each case and shall be permitted only upon authorization of the Board of Zoning Appeals, after a public hearing and determination that the proposed special use is in keeping with the intent of the Zoning Ordinance and special regulations contained herein which are applicable to the proposed special use. (12-17-79)
(d) An individual property owner may make application for a special use permit for a specific property. Continuing, if approved by the Board of Zoning Appeals, to a specific property owner for a special use, for a specific parcel of property, neither the property owner nor the subsequent tenant will be required to obtain additional, special use permits upon change of tenant.
(1) Regardless of the provisions made in this section, a property owner and/or tenant shall be required to obtain a new special use permit if any of the following occur:
A. If the use previously granted by a permit changes to a different use; or
B. If the premises or property granted the special use remains vacant for more than one year or the premises or property ceases to be used pursuant to the special use for more than one year; or
C. If the building or premises is changed to accommodate a different use. However, should the property operating under a special use come under new ownership and the use of the premises is to remain the same, the Zoning Official may waive the hearing before the Zoning Board of Appeals and transfer the special use permit to the new owner. (Passed 10-10-17.)
(2) Regardless of the provisions made in this article, no special use shall be granted for a period exceeding five years.
(3) Any property owner seeking to utilize this article shall notify the City each time there is a change of occupancy and shall notify the City of the name and address of the new tenant. Such notice shall be in writing and shall take place ten (10) days prior to any change and include a certification from both owner and new tenant that the property will continue to be used pursuant to the previously approved special use. All new tenants shall be required to obtain a City business license and occupancy permit before occupying the premises. (Passed 1-12-09.)