1. Powers and DutiesThe board of zoning adjustment shall have power to grant variances in any exceptions to any of the provisions of this chapter to the extent of the following and no further.
To vary or modify the strict application of any of the regulations or provisions contained in this chapter in cases in which there are no practical difficulties or unnecessary hardships in the way of such strict application. No variance or modifications of the uses permitted within a district shall be allowed.
To permit the extension of a district where the boundary line thereof divides a lot in one (1) ownership at the time of the passage of this chapter, but such extension of any district shall not exceed one hundred (100) feet.
The granting of the variance shall be in harmony with the general purpose and intent of the regulations imposed by this chapter on the district in which it is located and shall not be injurious to the neighborhood or otherwise detrimental to the public welfare.
There must be proof of unique circumstances. There must exist special circumstances or conditions, fully described in the findings, applicable to the land or buildings for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to such land or buildings in the neighborhood, and which circumstances and conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building.
There must be proof of unnecessary hardship. It is not sufficient proof of hardship to show that greater profit would result if the variance were granted. Furthermore, the hardship complained of cannot be self-created; nor can it be established in this basis by one who purchases with or without knowledge of the restrictions; it must result from the application of this chapter; it must be suffered directly by the property in question; and evidence of variance granted under similar circumstances shall not be considered.
That the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the board is the minimum variance that will accomplish this purpose. The report of the zoning board shall fully set forth the circumstances by which this chapter would deprive the applicant of any reasonable use of his land. Mere loss in value shall not justify a variance; there must be a deprivation of beneficial use of land.
That the proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the adjacent neighborhood.
That the granting of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district. The board may prescribe any safeguard that it deems necessary to secure substantially the objectives of the regulations or provisions to which the variance applies.
2. Organization and Terms A board of adjustment is hereby established.
The board shall consist of five (5) members appointed by the mayor and approved by the city council each to serve for a term of three (3) years. Vacancies occurring in said board shall be filled in a like manner. Vacancies for the unexpired term of any member shall be filled for such unexpired period only. Upon the request of the board, the city council shall appoint an alternate member who shall sit as an active member when and if a member of the board is unable to serve at any hearing.
The board shall choose its own chairman and in the chair's absence an acting chairman. All meetings of the board shall be held at the call of the chairman and at such other times as the board may determine.
Such chairman may administer oaths and compel the attendance of witnesses.
All meetings of such board shall be open to the public. Such board shall keep minutes of its proceedings showing the vote of each member on every question. If any member is absent or fails to vote, the minutes shall indicate such fact.
The concurring vote of four (4) members of the board shall be necessary to decide in favor of the applicant any matter upon which said board is required to pass under the provisions of this chapter.
- Lynn Vreeland
- Kent Anderson
- Larry Boltz
- Del Scholler
- Tom Behm
- Mark Peterson, Alternate
Bev Collings Email
Inspections Department - 746-2631