A. Authority To Grant: The board of adjustment, upon application, and after notice and public hearing, and subject to the procedural and substantive standards hereinafter set forth, may grant such variance from the terms of this title as will not be contrary to the public interest or to the spirit and intent of this title, where by reason of exceptional narrowness, shallowness, shape, topography, or other extraordinary or exceptional situation, condition, or circumstance of a particular property, the literal enforcement of this title will result in unnecessary hardship. Provided, nothing herein contained shall be construed as authorization for the board to vary any jurisdictional requirement, such as notice, or to permit by variance a use not otherwise permitted in the applicable use district.
B. Application And Fees:
1. A request for a variance shall be initiated by the filing of an application with the secretary of the board. An application shall be in such form and content as the board may by resolution establish and shall be accompanied by the payment of a fee established by the city council. Costs of notice and posting of signs shall be billed to the applicant.
2. An application shall be filed with the board, and may be set for public hearing by the secretary, in accordance with the rules established by the board.
C. Notice Required: The board shall give fifteen (15) days' notice of a public hearing on a proposed variance by publication in a newspaper of general circulation, and where deemed necessary by the board, additional notice shall be given by the posting of a sign or signs on the property. Notice shall be fairly and reasonably calculated to give notice of the nature of the proceedings and the proposed variance.
D. Board Action:
1. The board shall hold the public hearing and, upon the concurring vote of four (4) members, may grant a variance after finding:
a. That by reasons of stated extraordinary or exceptional conditions or circumstances which are peculiar to the land, structure, or building involved, the literal enforcement of the terms of this title would result in unnecessary hardship.
b. That such extraordinary or exceptional conditions or circumstances do not apply generally to other property in the same use district.
c. That the variance to be granted will be in harmony with the spirit and intent of this title and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
2. Provided, that the board, in granting a variance, shall prescribe appropriate conditions and safeguards, and may require such evidence and guarantee or bond as it may deem necessary to enforce compliance with the conditions attached. (Ord., 3-8-1971)