§ 11.3. Variances; conditions governing application; procedures.

11.301.

To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship. A variance from the terms of this ordinance shall not be granted by the board of aldermen unless and until:

(a)

A written application for a variance is submitted demonstrating:

(1)

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

(2)

The 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 the ordinance;

(3)

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

(4)

That granting the variance requested will not confer on the applicant any special privilege that is denied by the ordinance to other lands, structures or buildings in the same district;

(5)

No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance;

(b)

Notice of public hearing shall be given as in section 11.201(b) above;

(c)

The public hearing shall be held. Any party may appear in person or by agent or by attorney;

(d)

The board of aldermen shall make findings that the requirements of section 11.301(a) have been met by the applicant for a variance;

(e)

The board of aldermen shall further 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;

(f)

The board of aldermen shall further make a finding that the granting of 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.

11.302.

In granting any variance the board of aldermen may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation 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 article 15 of this ordinance.