Article 13-City Board of Zoning AdjustmentARTICLE 13. CITY BOARD OF ZONING ADJUSTMENT
SECTION 1301 CREATION, TERMS, MEETING, AND RULES
All requirements of Chapter 2-3 of the Blair City Code shall be satisfied.
SECTION 1302 ADDITIONAL REQUIREMENTS
In addition to the immediately above, the following shall be included as requirements, administrative
duties and conditions of the City Board of Zoning Adjustments.
1302.01 REQUIREMENT FOR WRITTEN APPLICATION AND CONDITIONS: A variance
from the terms of this Ordinance shall not be granted by the City Board of Zoning Adjustment unless
and until a written application for a variance is submitted demonstrating 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; that 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 this Ordinance; that the special conditions and
circumstances do not result from the actions of the applicant; and that granting the variance requested
will not confer on the applicant any special privilege that is denied by this Ordinance to other land,
structures, or buildings in the same district.
1302.02 EFFECT OF NON-CONFORMANCE: No non-conforming use of neighboring lands,
structures, or buildings in the same district, and no permitted or non-conforming use of lands,
structures, or buildings in other districts shall be considered grounds for the issuance of a variance.
1302.03 PUBLIC HEARING AND FINDINGS OF THE BOARD: The City Board of Adjustment
shall hear and determine appeals from or other matters referred to it regarding the application of this
Ordinance. The Board shall fix a reasonable time for the hearing of an appeal or any other matter
referred to it. Notice of the time, place and subject of such hearing shall be published once in the
official City newspaper at least ten (10) days prior to the date fixed for the hearing. A copy of said
notice shall be mailed to the applicant, all owners of land within 300 feet of the property in question
and to the City Board of Adjustment. Any party may appear in person or by agent or by attorney; the
City Board of Adjustment shall make findings that the requirements of this section have been met by
the application for a variance; the Board 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; the Board shall further make a
finding that the granting of the variance shall 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.
1302.04 CONDITIONS IMPOSED: In granting any variance, the City Board of Adjustment 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 is
punishable under SECTION 1702 of this Ordinance.
1302.05 USE VARIANCES: Under no circumstances shall the City Board of Zoning Adjustment
City of Blair Zoning Regulations Article 13, page 1
grant a variance to allow a use not permissible under the terms of this Ordinance in the district
involved, or any use expressly or by implication prohibited by the terms of this Ordinance in said
district.
1302.06 APPLICATION REQUIREMENTS: An application for a variance shall be in writing and
made upon forms supplied by the City for such purpose. The application shall be accompanied by a
scale drawing of the area for which the variance is requested, together with the dimension thereof, lot
or boundary locations the location of all existing and proposed improvements or structures. Said fee
shall be set and determined from time to time as deemed necessary by the Mayor and City Council by
resolution, and shall be appended to the Municipal Code as part of an appendix for permit, license,
and application fees.
Written notices shall be mailed to all owners of land within three hundred (300) feet of the property.
Such land owners shall have ten days from the date of notification to notify the City Administrator of
any protests which they may have concerning the application.
A "Variance Action Pending" sign will be posted on the front yard of the property under
consideration for a variance at least ten (10) days prior to the public hearings of the Planning
Commission and City Council.
(END OF SECTION)
City of Blair Zoning Regulations Article 13, page 2