H.F. _____ Section 1. Section 414.12, subsections 2 and 3, Code 2014, 1 are amended to read as follows: 2 2. To hear and decide special exceptions to the terms of 3 the ordinance upon which such board is required to pass under 4 such ordinance , unless procedures to hear and decide special 5 exceptions are otherwise provided by ordinance . 6 3. To authorize upon appeal in specific cases such variance 7 from the terms of the ordinance as will not be contrary to the 8 public interest, where owing to special conditions a literal 9 enforcement of the provisions of the ordinance will result in 10 unnecessary hardship practical difficulty , and so that the 11 spirit of the ordinance shall be observed and substantial 12 justice done. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill relates to special exceptions and variances from 17 city zoning regulations. 18 Under current law, a city’s zoning board of adjustment is 19 granted the power to hear and decide special exceptions to 20 city zoning regulations. The bill provides that the board 21 of adjustment is granted such powers unless procedures are 22 otherwise provided by the city council by ordinance. 23 Current law also allows the board of adjustment to authorize 24 a variance from zoning regulations not contrary to the public 25 interest if, based upon special conditions, literal enforcement 26 of the provisions of the zoning regulations will result in 27 unnecessary hardship. The bill allows the granting of a 28 variance if literal enforcement of the provisions of the 29 ordinance will result in practical difficulty, rather than 30 unnecessary hardship. 31 -1- LSB 6108YC (1) 85 aw/sc 1/ 1