§ 11.08 Variances Application And Procedure

A variance from the terms of this Ordinance may not be granted by the Board of Adjustment unless and until:

A. Application for a Variance: A written application is submitted to the City Clerk, who will distribute copies immediately to the Board of Adjustment, P&Z Commission, and City Attorney and City Engineer. The application must demonstrate:

1. That special conditions and circumstances exist that are peculiar to the land, structure, or building involved and that are not applicable to other lands, structures, or buildings in the same district;

2. That literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance.

3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures, or buildings in the same district. No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures or buildings in other districts will be considered grounds for the issuance of a variance; and

4. That the special conditions and circumstances do not result from the actions of the applicant.

B. Public Hearing: Notice of public hearing must be given as in accordance with the State of Iowa Open Meetings Law. The public hearing must be held. Any party may appear in person, or by agent or by attorney.

C. Finding: Upon the finding by the Board of Adjustment that the requirements of Section 11.08(A)(1-4) have been met by the applicant for a variance, the Board of Adjustment must make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.

D. Safeguards and Violations: The Board of Adjustment must also make a finding that granting the variance will be in harmony with the general purpose and intent of this Ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted shall be deemed a violation of this Ordinance and punishable under Section 13 Administration and Enforcement and Violations and Penalties.

E. Recording: The decision of the Board shall be recorded in the official minutes of the Board of Adjustment meeting.

Expiration of Variances: Variances granted by the Board of Adjustment expire one year from the date they are granted by the Board if the variance allows construction that is not initiated within that one year and completed by the following year.