§ 3-48. Variances and special exceptions.  


Latest version.
  • (a)

    Applications for variances and special exceptions shall be made on forms provided by the administrator and must be accompanied by the required fee. Such applications will be heard by the board of adjustments, pursuant to article X of the zoning ordinance, which will make recommendations regarding applications to the board of aldermen. All procedures and regulations in article X of the zoning ordinance will apply to applications under this section of this article.

    (b)

    Special exceptions for a use not permitted in the zoning district where the property is located shall be granted only upon a showing by the applicant that such an exception shall not substantially increase traffic hazards or congestion, substantially increase fire or other safety hazards, adversely affect the character of the neighborhood, adversely affect the general welfare of the city or overtax public utilities or other community facilities.

    (c)

    Variances from the terms of this article with regard to such requirements as number, separation, size, height, density and setbacks shall be granted only upon a showing by the applicant that such variances shall not be contrary to the public interest, that special conditions and circumstances exist peculiar to the land, structure or property that are not the result of actions by the applicant, and that a literal enforcement of this article would result in an unnecessary hardship on the applicant.

(Ord. of 11-15-88, § 3.3)