When practical difficulties and unnecessary hardships inherent with the land, or actions inconsistent with the general purpose of this title occur due to the strict interpretation and enforcement of any of its provisions, the board of adjustment, upon its own motion may, or upon the application of any interested person, shall initiate proceedings for consideration of a variance from the provisions of this title with conditions as may be necessary to assure that the purpose of this title will be observed, and that the health, safety, and welfare of the community be secured, and that substantial justice be done, not only to the applicant, but to the persons other than the applicant, who might be affected by such variance.
(Prior code § 11-2-7.1; Ord. 94-06 § 1)
The sole purpose of any variance shall be the modification of the specific regulations of this title and to assure that no property because of unique circumstances shall be deprived of any rights that other properties have in the same vicinity and zone. Variances are administrative acts, and the authority to approve or disapprove a petition for a variance is vested in the board of adjustment. Self-imposed hardships shall not be justification for granting a variance. This section does not authorize the board of adjustment to permit any use prohibited by this title, nor to grant densities of use in excess of those specified.
(Prior code § 11-2-7.2; Ord. 94-06 § 1)
A variance is not an amendment to this title or the maps which are a part of this title, nor shall a variance be used as a procedure to change the use of land or structures not permitted within the district in which an application for a variance is made.
(Prior code § 11-2-7.3; Ord. 94-06 § 1)
Before any variance may be granted, it shall be shown:
A. 
That there are exceptional or extraordinary circumstances or conditions applicable to the property.
B. 
That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question.
C. 
That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity.
D. 
A nonconforming use of neighboring lands or structures shall not be considered grounds for the issuance of a variance.
(Prior code § 11-2-7.4; Ord. 94-06 § 1)
Variances may be granted with conditions and for such periods of time as the board of adjustment or the board of trustees shall deem to be reasonable and necessary so that the objectives of this title shall be achieved.
(Prior code § 11-2-7.5; Ord. 94-06 § 1)
When in the public interest by action taken at a regular meeting, without publishing or posting of notices, the board of adjustment may consider cases involving slight modifications in the provisions of this title, limited to:
A. 
Area requirements may be reduced by not more than 10 percent.
B. 
Yard requirements may be reduced by permitting portions of a building to extend into and occupy not more than 20 percent of the area of a required yard adjacent to the main structure.
(Prior code § 11-2-7.6; Ord. 94-06 § 1)
Each variance granted under the provisions of this title shall be void unless:
A. 
The construction or use authorized has been commenced within six months after the granting of the variance.
B. 
All conditions of the variance are met.
C. 
If circumstances beyond the control of the applicant prevents starting of the project within the specified six-months time limit, the board of adjustment may, upon request, extend the time limit for starting for a maximum time of an additional six months.
(Prior code § 11-2-7.7; Ord. 94-06 § 1)