1. The Board of Adjustment shall hear and decide upon applications to vary the strict application of the height, area, setback, parking or density requirements to the extent necessary to permit the applicant a reasonable use of the property in those specified instances where there are peculiar, exceptional and unusual circumstances in connection with a specific parcel of land, which circumstances do not generally exist within the locality or neighborhood concerned and where the strict application of the ordinance would result in an unnecessary hardship. However, such variance shall not have the effect of nullifying the intent and purpose of the Ordinance. No variance shall be granted that encroaches the vision clearance standards established in Section 88.06.
2. Special conditions shall include but not be limited to a property owner who can show that their property was acquired in good faith and where by reason of exceptional topographical conditions or other extraordinary or exceptional situations the strict application of the terms of the Ordinance actually prohibits the use of the property in a manner reasonably similar to that of other property in the district.
3. The special conditions and circumstances shall not result from the actions of the applicant. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of the Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of the Ordinance in said district.
4. Review Process and Submittal Requirements.
A. Formal Application Submitted. An application for a variance submitted to the Planning and Development Department shall include:
(1) Application form, signed by the property owner, and filing fee.
(2) Written narrative explaining justification for proposed variance and conformance to the legal principles in Section 92.03(4)(D)(1).
(3) Site development plan sketch.
(4) Other information deemed necessary by the Planning and Development Director.
B. Interagency and Staff Review of Application. Following submittal, including applicable filing fee, of a completed application for a variance, Planning and Development shall review application materials for compliance with the legal principles in Section 92.03(4)(D)(1). The application shall also undergo review by members of the Interagency Review Team.
C. Meeting Notice for Board of Adjustment.
(1) Notice to Cities within Two Miles. Planning and Development staff shall send notice to any city located within two miles of the requested variance outlining the location, time, and date of the public hearing before the Board of Adjustment.
(2) Notice to Surrounding Property Owners. Planning and Development staff shall send a notice via mail to all surrounding property owners within one-fourth mile of the property included in the variance request outlining the location, time, and date of the public hearing before the Board of Adjustment.
(3) The failure to notify as provided in this section shall not invalidate any recommendation made under the terms of the Ordinance, provided such failure was not intentional, and the omission of the name of any owner of property who may, in the opinion of the Board of Adjustment, be affected by such amendment or change shall not invalidate any recommendation adopted hereunder, it being the intention of this subsection to provide, to the fullest extent possible, due notice that an application is pending before the Board of Adjustment.
D. Public Hearing before the Board of Adjustment and Board of Adjustment Action. Following completion of interagency and staff review of the application for a variance, a staff report setting forth findings of fact concerning the application's conformance to the legal principles in Section 92.03(4)(D)(1) of this chapter and any recommendations for requirements or conditions to be imposed shall be prepared by Planning and Development staff and placed on the Board of Adjustment agenda. The staff report shall be presented by the Planning and Development staff at the Board of Adjustment meeting. Any person may submit comments or request to speak on the items prior to the start of the meeting. The public hearing shall be scheduled according to standard agenda procedures. After reviewing the application at a public hearing, the Board of Adjustment shall determine whether it concurs in whole or in part with the staffs proposed findings and recommendations. To the extent the Board does not concur, the Board shall propose its own findings of fact concerning the application's conformance to the legal principles in Section 92.03(4)(D)(1) of this chapter or recommendations and provide supporting reasons. The Board of Adjustment shall make a motion regarding compliance or noncompliance of the application to the legal principles, and such motion becomes the official decision of the Board of Adjustment.
(1) In deciding whether to grant a variance request, the Board of Adjustment shall consider all the following legal principles. All legal principles shall be satisfied in order for the Board of Adjustment to grant a variance.
a. Finding of unnecessary hardship: (i) the land in question cannot yield a reasonable return if used only for a purpose allowed in that zone; (ii) the plight of the owner is due to unique circumstances and not to general conditions in the neighborhood which may reflect the unreasonableness of the Ordinance itself; (iii) the use to be authorized by the variance will not alter the essential character of the locality.
b. Granting the variance will not be contrary to the public interest.
c. The spirit and intent of the Story County Cornerstone to Capstone (C2C) Comprehensive Plan and Story County Land Development Regulations are protected.
E. Any such motion regarding compliance or noncompliance of the application to the legal principles shall specify the supporting reasons for the motion. To the extent the Board does not concur with staff's findings and recommendations, the Board shall propose its own findings of fact concerning the application's conformance to the legal principles in Section 92.03(4)(D)(1) of this chapter or recommendations and provide supporting reasons, including, but not limited to new facts or evidence presented at the public hearing. It shall be presumed that the Board adopts staff's findings and recommendations if the Board does not specifically make a motion regarding the compliance or noncompliance of the application of the legal principles.
F. The Board of Adjustment may attach a condition to a variance that limits the duration of said variance or other condition related to the legal principles in Section 92.03(4)(D)(1).
5. Appeals of Actions of the Board of Adjustment. Any interested party may appeal a variance decision of the Board of Adjustment within 30 days of recording in the following ways:
A. Board of Supervisors. The Board of Supervisors may provide for its review of variances granted by the Board of Adjustment before their effective date. The Board of Supervisors may remand a decision to grant a variance to the Board of Adjustment for further study. If remanded, the effective date of the variance is delayed for 30 days from the date of the remand.
B. Petition to Court. Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment under the provisions of Chapter 331 of the Code of Iowa, or any taxpayer, or any officer, department, board or bureau of the County may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the board.
6. Stay of Proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the Planning and Development Director certifies to the Board of Adjustment, after notice of appeal shall have been filed, that by reason of the facts stated in the certificate, a stay would, in the Planning and Development Director's opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application, on notice to the Director and on due cause shown.
7. Expiration. Variances which have been granted in accordance with the provisions of the Ordinance shall be null and void at the end of six months from the date of granting if substantial action as defined in Section 85.08, Definitions, has not been taken to accomplish the purpose for which the variance was granted. A six-month extension may be granted by the Director or their designee upon written request to the Planning and Development Department.
(Ord. 304 - Sep. 22 Supp.)