A.    Powers Relative to Variances. When, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of enactment of this zoning code, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, which condition is not generally prevalent in the area, the strict application of the area regulations would result in peculiar and exceptional practical difficulties or exceptional and undue hardship upon the owner of such property, the city council shall be empowered to authorize upon application in regard to such property, a variance from such zoning district regulations so as to relieve such difficulty or hardship.

    B.    Powers Relative to Exceptions. Upon application, the city council shall be empowered to permit the following exceptions:

    1.    To permit the extension of a district where the boundary line of a district divides a lot of record in single ownership;

    2.    To permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God or the public enemy to the extent of more than fifty (50) percent of its assessed value when the city council finds some compelling public necessity requiring a continuance of the non-conforming use.

    3.    To interpret the provision of this title where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts;

    4.    To vary parking regulations whenever the character or use of the building is such as to make unnecessary the full provision of parking facilities or when such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience;

    5.    To permit any existing nonagriculture building or structure devoted to a use not permitted in the district in which the building or structure is located on the effective date of this zoning code, or any subsequent amendment thereto, to be enlarged, extended, reconstructed or structurally altered when the city council finds it to be in the public interest to continue the nonconforming use or finds a need to relieve an undue hardship upon the owner of such property, provided such continuance of the nonconforming use shall not be extended beyond the lot area occupied by such nonconforming use on the effective date of this zoning code or subsequent amendment thereto.

    C.    Policy Regarding Granting of Exceptions and Variances. In considering all applications for variances or exceptions, the city council shall, before making any findings in a specific case, first determine that the proposed change will not constitute a change, including a variation in use, in the district map and will not impair an adequate supply of light and air to adjacent property, or increase congestion in public streets or increase the danger of fire, or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals and welfare of the city. Every change granted or denied by ordinance of the city council shall include a written finding of fact based upon testimony and evidence, specifying the reason for granting or denying the variance or exception. The decision of the city council shall be made a part of any building permit for which a variation or exception is allowed.

    D.    Vote Required. The concurring vote of a majority of the mayor and the city council shall be required for the granting of a variance or exception from the city’ s zoning code; except that, a proposed special exception which fails to receive the approval of the board of appeals shall not be approved by the city council except by favorable vote of a majority of all alderpersons of the city then holding office. (Ord. 1258 § 1 (part), 1994: prior code § 40-14-2(B))