[Ord. No. 2974 §1(Art. 5 §91), 11-2-2004]
B.
An area or dimensional variance may be granted by the Board of Adjustment
if it concludes that strict enforcement of the ordinance would result
in practical difficulties or unnecessary hardships for the applicant
and that, by granting the variance, the spirit of the regulations
will be observed, public safety and welfare secured and substantial
justice done. It may reach these conclusions if it finds that:
1.
If the applicant complies strictly with the provisions of the
ordinance, he/she can make no reasonable use of his/her property;
and
2.
The hardship of which the applicant complains is one suffered
by the applicant rather than by neighbors or the general public; and
3.
The hardship relates to the applicant's land, rather than personal
circumstances; and
4.
The hardship is unique or nearly so, rather than one shared
by many surrounding properties; and
5.
The hardship is not the result of the applicant's own actions;
and
C.
In granting variances, the Board of Adjustment may impose such reasonable
conditions as will ensure that the use of the property to which the
variance applies will be as compatible as practicable with the surrounding
properties.
D.
A variance may be issued for an indefinite duration or for a specified
duration only.
E.
The nature of the variance and any conditions attached to it shall
be entered on the face of the zoning permit or the zoning permit may
simply note the issuance of the variance and refer to the written
record of the variance for further information. All such conditions
are enforceable in the same manner as any other applicable requirement
of these regulations.
F.
The Board of Adjustment may not grant a use variance to allow an
activity take place in a zoning district in which such use is prohibited
or requires a conditional use permit.
[Ord. No. 2974 §1(Art. 5 §92), 11-2-2004]
A.
An appeal from any final order or decision of the Administrator may
be taken to the Board of Adjustment by any person aggrieved. An appeal
is taken by filing with the Administrator and the Board of Adjustment
a written notice of appeal specifying the grounds therefor. A notice
of appeal shall be considered filed with the Administrator and the
Board of Adjustment when delivered to the Engineering Department and
the date of filing shall be entered on the notice by the planning
staff. The date of filing shall be entered on the notice by the planning
staff. However, the appeal shall not be complete until all fees are
paid in full.
B.
An appeal must be taken within thirty (30) days after the date of
the decision or order appealed from.
C.
Whenever an appeal is filed, the Administrator shall forthwith transmit
to the Board of Adjustment all the papers constituting the record
relating to the action appealed from.
D.
An appeal stays all actions by the Administrator seeking enforcement
of or compliance with the order or decision appealed from, unless
the Administrator certifies to the Board of Adjustment that (because
of facts stated in the certificate) a stay would, in his/her opinion,
cause imminent peril to life or property. In that case, proceedings
shall not be stayed except by order of the Board of Adjustment or
a court, issued on application of the party seeking the stay, for
due cause shown, after notice to the Administrator.
E.
The Board of Adjustment may reverse or affirm (wholly or partly)
or may modify the order, requirement or decision or determination
appealed from and shall make any order, requirement, decision or determination
that in its opinion ought to be made in the case before it. To this
end, the Board shall have all the powers of the officer from whom
the appeal is taken.
[Ord. No. 2974 §1(Art. 5 §93), 11-2-2004]
As provided in Section 400.305, the Board of Adjustment shall hear and decide all appeals, variance requests and requests for interpretations as expeditiously as possible, consistent with the need to follow regularly established agenda procedures, provide notice in accordance with Article VI and obtain the necessary information to make sound decisions.
[Ord. No. 2974 §1(Art. 5 §94), 11-2-2004]
A.
Appeals From The Land Use Administrator.
1.
When an appeal is taken to the Board of Adjustment in accordance with Section 400.395, the Administrator shall have the initial burden of presenting to the Board sufficient evidence and argument to justify the order or decision appealed from.
2.
The burden of presenting evidence and argument to the contrary
then shifts to the appellant who shall also have the burden of persuasion.
B.
Variances. The burden of presenting evidence sufficient to allow the Board of Adjustment to reach the conclusions set forth in Section 400.393(B), as well as the burden of persuasion on those issues, remains with the applicant seeking the variance.
[Ord. No. 2974 §1(Art. 5 §95), 11-2-2004]
A.
With respect to appeals, a motion to reverse, affirm or modify the order, requirement, decision or determination appealed from shall include, insofar as practicable, a statement of the specific reasons or findings of facts that support the motion. If a motion to reverse or modify is not made or fails to receive the four-fifths (4/5) vote necessary for adoption (see Section 400.150), then a motion to uphold the decision appealed from shall be in order. This motion is adopted as the Board's decision if supported by more than one-fifth (1/5) of the Board's membership (excluding vacant seats).
B.
Before granting a variance, the Board must take a separate vote and vote affirmatively (by a four-fifths (4/5) majority—see Section 400.150) on each of the six (6) required findings stated in Section 400.393(B). Insofar as practicable, a motion to make an affirmative finding on each of the requirements set forth in Section 400.393(B) shall include a statement of the specific reasons or findings of fact supporting such motion.
C.
A motion to deny a variance may be made on the basis that any one (1) or more of the six (6) criteria set forth in Section 400.393(B) are not satisfied or that the application is incomplete. Insofar as practicable, such a motion shall include a statement of the specific reasons or findings of fact that support it. This motion is adopted as the Board's decision if supported by more than one-fifth (1/5) of the Board's membership (excluding vacant seats).
[Ord. No. 2974 §1(Art. 5 §96), 11-2-2004; Ord. No. 3428 §1, 9-21-2010]
A.
The Board of Adjustment is authorized to interpret the Zoning Map and to pass upon disputed questions of lot lines or district boundary lines and similar questions. If such questions arise in the context of an appeal from a decision of the Administrator, they shall be handled as provided in Section 400.395.
B.
An application for a map interpretation shall be submitted to the
Board of Adjustment by filing a copy of the application with the Administrator.
The application shall contain sufficient information to enable the
Board to make the necessary interpretation.
C.
Where uncertainty exists as to the boundaries of districts as shown
on the Official Zoning Map, the following rules shall apply:
1.
Boundaries indicated as approximately following the centerlines
of alleys, streets, highways, streams or railroads shall be construed
to follow such centerlines;
2.
Boundaries indicated as approximately following lot lines, City
limits or extraterritorial boundary lines shall be construed as following
such lines, limits or boundaries;
3.
Boundaries indicated as following shorelines shall be construed
to follow such shorelines and in the event of change in the shoreline
shall be construed as following such shorelines;
4.
Where a district boundary divides a lot or where distances are
not specifically indicated on the Official Zoning Map, the boundary
shall be determined by measurement using the scale of the Official
Zoning Map;
5.
Where any street or alley is hereafter officially vacated or
abandoned, the regulations applicable to each parcel of abutting property
shall apply to that portion of such street or alley added thereto
by virtue of such vacation or abandonment.
[Ord. No. 2974 §1(Art. 5 §97), 11-2-2004]
A.
An appeal from any final decision of the Planning and Zoning Commission
may be taken to the Board of Adjustment by any person aggrieved. An
appeal by an aggrieved person[1] is taken by filing with the Administrator and the Planning
and Zoning Commission a written notice of appeal specifying the grounds
on which the appeal is to be made. A notice of appeal shall be considered
when filed with the Administrator. The date of filing shall be entered
on the notice by the planning staff. However, the appeal shall not
be complete until all fees are paid in full.
B.
An appeal must be completed by filing with the Administrator in accordance with Section 400.408(A) within thirty (30) days of the date of the decision appealed from.
C.
Whenever an appeal is filed, the Administrator shall transmit, within
five (5) working days of the date of receipt of a complete appeal,
to the Board of Adjustment a copy of all the papers constituting the
record relating to the action appealed from.
