The Hearing Officer shall have the following powers:
(A) Appeals. To hear and decide appeals where it is alleged by the appellant there is error in any order, requirement, decision, or refusal made by an administrative official or agency based on, or made in, the enforcement of this chapter;
(B) Special exceptions. To hear and decide, under this chapter, requests for special exceptions, or for interpretation of the map, or for decisions on other special questions on which such authority is authorized by this chapter to pass;
(C) Variances. To authorize, on an appeal, a variance from strict application of the regulations, where, by exceptional narrowness, shallowness, or shape of a piece of property at the time of the enactment of the regulation, or by exceptional topographic conditions or other extraordinary and exceptional situations or conditions of such piece of property, the strict application of any regulations enacted would cause peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon, the owner of such property. The variance from such strict application can be granted to relieve such difficulties or hardships; provided such relief may be granted without substantial detriment to the public good and without substantial impairment to the intent and purpose of the master plan and this chapter. Before any variance may be authorized, however, it shall be shown that:
(1) The variance will not substantially affect the comprehensive plan of zoning in the city and that adherence to the strict letter of this chapter will cause difficulties and hardships, the imposition of which, upon the petitioner, is unnecessary to carry out the general purpose of the plan;
(2) Special circumstances are attached to the property covered by the application which do not generally apply to other properties in the same zone;
(3) Because of the special circumstances, property covered by the application is deprived of privileges possessed by other properties in the same zone, and that granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone; and
(4) In determining whether enforcement of the land use ordinance would cause unreasonable hardship, the Appeal Authority may not find an unreasonable hardship if the hardship is self-imposed or economic.
(D) Nonconforming uses. To permit the enlargement of, addition to, or relocation of a building or structure, nonconforming as to use regulations, the following shall apply:
(1) For a nonconforming use in a residential zone, the enlargement, addition, or relocation shall either:
(a) Comply with all the height, yard, and area requirements for a single-family dwelling in the zone in which the nonconforming building is located; or
(b) The proposed enlargement, addition, or relocation will either:
1. Improve the area by increasing the off-street parking; or
2. Improve the general appearance, convenience, or safety of the area.
(2) For a nonconforming use in any zone other than a residential zone, the enlargement, addition, or relocation shall comply with all height, yard, and area requirements for a main building, other than dwellings, in the zone in which it is located; and
(3) Before granting a permit for any enlargement, addition, or relocation, the Hearing Officer shall find in his or her public meeting that the proposed changes will not hinder or obstruct the attainment of the objectives of this chapter more than does the existing nonconforming use.
(E) Nonconforming yard, height, or area regulations. To allow those enlargements of, additions to, or relocations of buildings and structures nonconforming as to yard, height, or area regulations, where an undue hardship will result to the owner of the land involved unless granted and the attainment of the objectives of this chapter will not be hindered or obstructed; and provided the proposed enlargement, addition to, or relocation of will either:
(1) Improve the area by increasing needed off-street parking; or
(2) Improve the general appearance, convenience, or safety of the area.
(F) Extension of use. To permit, where a zone boundary line divides a lot in single ownership at the time of establishment of the boundary, a use authorized on either portion of such lot to extend to the entire lot; provided, such permission shall not authorize the use to extend over 35 feet beyond the zone boundary line or extend to an area greater than 5,000 square feet beyond the said boundary line;
(G) Changes in nonconforming uses. To permit a nonconforming use to be changed to another use allowed in the same or a more restrictive zone than the one in which the nonconforming use would be allowed; provided, that the Hearing Officer finds in its public meeting such change will not hinder or obstruct the attainment of the objectives of this chapter more than does the existing nonconforming use;
(H) Use permitted without street frontage. To permit the construction and use of a dwelling upon a lot which does not have frontage on a street, but has frontage on a dedicated right-of-way;
(I) Lot splitting. To permit the splitting of a lot wherein such lot split creates a lot which does not have the required width of the zone in which the lot is located; provided the created nonconforming lot meets the area requirements of the zone and the structure placed on the lot meets all required site standards of the zone; and that before building permits are issued for the nonconforming split, the lot split shall be reviewed and approved by the City Engineer.
(J) Burden of proof. The applicant shall bear the burden to prove that all of the conditions justifying a variance have been met;
(K) Variances run with land. Once granted, variances run with the land; and
(L) Additional requirements. In granting a variance, the Hearing Officer may impose additional requirements on the applicant that will:
(1) Mitigate any harmful effects of the variance; or
(2) Serve the purpose of the standard or requirement waived or modified.
(Prior Code, § 06.06) (Ord. 2-92, passed - -1992; Ord. 02-2015, passed 1-7-2015)