The Board of Zoning Appeals is hereby authorized to authorize, upon appeal in specific cases, a variance from this Zoning Code as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of this Zoning Code would result in a practical difficulty. No nonconforming use of neighboring lands, structures or buildings in the same district and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance. A variance from this Zoning Code shall not be granted by the Board unless and until the following procedure is followed.
(a) Application. A written application for a variance.
(b) Schedule a Public Hearing. A Public Hearing shall be scheduled within 60 days of filing the application.
(c) Notice of Public Hearing. Before holding the Public Hearing, notice of such hearing shall be given at least 15 calendar days before the date of such hearing. The owner of the property for which the application is made, or his or her agent, shall be notified by general mail or personal delivery. Notice of such hearing shall be posted on the property for which the application is made, at the Municipal Building, and in other locations required under City Code Section 224.01, Posting Places, at least 15 days prior to the Public Hearing.
(d) Public Hearing. The Board of Zoning Appeals shall hold a Public Hearing in accordance with state law. Any party may appear in person or by an agent or attorney.
(e) Findings of the Board of Zoning Appeals. The Board shall make findings that the following requirements have been met by the applicant for a variance:
(1) Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district.;
(2) A literal interpretation of this Zoning Code would deprive the applicant of rights commonly enjoyed by other properties in the same district under this Zoning Code;
(3) The special conditions and circumstances do not result from the actions of the applicant; and
(4) Granting the variance requested will not confer on the applicant any special privilege that is denied by this Zoning Code to other lands, structures or buildings in the same district.
(Ord. 0-15-4. Passed 2-19-15.)