An exception may be granted to the requirements of this article
when the board of appeals finds:
(1)
That special or peculiar conditions exist on the property to be improved
which do not apply generally to lands or improvements in the same
area, and that the circumstances or conditions are such that the strict
application of the provisions of this article would deprive the applicant
of the reasonable development of the property; and
(2)
The exception as granted by the board is the minimum that will accomplish the reasonable development of the property as determined in subsection (1); and
(3)
The granting of the exception will not be detrimental to the public
welfare or injurious to the property or improvements in the general
area; and
(4)
That the literal enforcement and strict application of the provisions
of this article will result in unnecessary hardships, other than financial;
and
(5)
In addition to considering the impact of the exception on adjacent
property, the board, in determining its findings, has taken into account
the actual or possible number of persons using the improvements and
the land and traffic conditions in the vicinity, and in granting any
exception for the provisions of this article the board may designate
such conditions which will secure substantially the purpose and intent
of this article.
(Ordinance 1576, sec. 1, adopted 6/10/1954; 1959 Code, sec. 28-42; Ordinance 4371, sec. 1, adopted 6/30/1964; 1983 Code, sec. 24-73; Ordinance 8568, sec. 18, adopted 3/8/1984)
The notice of appeal may be made in writing, by noting the same
upon any instrument furnished by the building official and signed
by the person requesting the appeal. Upon such appeal having been
made, the building official shall notify the board of appeals and,
upon a date being set for the hearing, the building official shall
notify the applicant and the city engineer of the time and place of
such hearing.
(Ordinance 1576, sec. 1, adopted 6/10/1954; 1959 Code, sec. 28-43; 1983 Code, sec. 24-74; Ordinance
8568, sec. 19, adopted 3/8/1984)
The burden of proof shall rest with the applicant to show that
application of the terms of this article will create an unnecessary
hardship or deprive the applicant of reasonable development of the
property in question, due to peculiar conditions of or on such property.
Financial considerations shall not constitute the sole basis for hardship.
(Ordinance 1576, sec. 1, adopted 6/10/1954; 1959 Code, sec. 28-44; 1983 Code, sec. 24-75; Ordinance
8568, sec. 20, adopted 3/8/1984)
The building official and/or city engineer shall submit all
pertinent instruments to the board of appeals, together with such
testimony as may be pertinent.
(Ordinance 1576, sec. 1, adopted 6/10/1954; 1959 Code, sec. 28-45; 1983 Code, sec. 24-76; Ordinance
8568, sec. 21, adopted 3/8/1984)
When the issue has been determined by the board of appeals,
by a majority vote, such board is authorized and directed to make
its findings and to direct the building official to proceed in accordance
therewith.
(Ordinance 1576, sec. 1, adopted 6/10/1954; 1959 Code, sec. 28-46; 1983 Code, sec. 24-77)
