Ord 1980-041 - Laserfiche WebLink

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4. Notice of hearing before the board required. a. The board shall hold a public hearing on all appeals made to it and written notice of such public hearing shall be sent to the applicant, all persons who are owners of real property lying within two hundred (200) feet of the property on which the appeal is made, and all other persons deemed by the board to be affected thereby. b. Such notice shall be given not less than ten (10) days before the date set for hearing to all such owners who have rendered their said property for city taxes as the ownership appears on the last city tax roll. Such notice may be served by deposition of the same, properly addressed and postage paid, in the U.S. Post Office. 5. The secretary of the board shall forthwith notify in writing the commission and the city building inspector of each decision, interpretation, special exception and variance granted under the provisions of this ordinance. C. Powers of Board of Adjustment The Board of Adjustment shall have the following powers, and it shall be its duty: 1. To hear and decide appeals where it is alleged there is error in any order, requirement, decisions, or determination made by an administrative official in the enforcement of this ordinance. 2. The board shall have the power to authorize upon appeal in specific cases such variances 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 will result in unnecessary hardship, and so that the spirit of this ordinance shall be observed and substantial justice done. Such variances from the strict application of the terms of this ordinance must be in harmony with its purpose and intent, and shall be authorized only when the board is satisfied that the applicant has proven that the following conditions exist: a. That a literal enforcement of the provisions of this ordinance will result in unnecessary hardship. Financial hardship is not sufficient to show unnecessary hardship. b. That the property in question is not suitable and usable for uses permitted in the district in which it lies, even though there will be a loss of profit or other economic disadvantage on account of the use. c. That the unnecessary hardship was not self-inflicted. d. That the hardship is unique to the land or parcel involved, and is not shared in general by others in the neighborhood, also as a result of the Zoning Ordinance and thus perhaps requiring rezoning. e. That the variance will not alter the essential character of the locality, and the surrounding property will be protected. f. That the variance will not merely serve as a convenience to the applicant. g. That the variance requested is not in actuality a reclassifi- cation of land uses or the creation of new districts. Such action amounts to legislation, and may only be done by the legislative body of the municipality. -48- I I I