[Ord. No. 659 §1, 5-2-2011]
A.
An
appeal where it is alleged there is an error in any order, requirement,
decision, or determination made by an administrative official in the
enforcement of this Chapter may be taken to the Board of Adjustment
by any person aggrieved. An appeal is taken by filing with City Hall
and the Board of Adjustment a written notice of appeal specifying
the grounds. A notice of appeal shall be considered filed with City
Hall and with the Board of Adjustment when delivered to City Hall,
and the date and time of filing shall be entered on the notice by
the City Hall staff.
B.
An
appeal must be filed within thirty (30) days after the date of the
decision or order appealed from.
C.
Whenever
an appeal is filed, the City Administrator shall 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 City Administrator seeking enforcement
of or compliance with the order or decision appealed from, unless
the City Administrator certifies to the Board of Aldermen that (because
of facts stated in the certificate) a stay would, in his 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 City Administrator.
E.
The
Board of Adjustment may reverse or affirm (wholly or partly) or may
modify the order, requirement, decision or determination that in its
opinion ought to be made in the case before it. To this end, The Board
of Adjustment shall have powers of the officer from whom the appeal
is taken.
[Ord. No. 659 §1, 5-2-2011; Ord.
No. 952, 9-19-2022]
With the exception of variances related to signs per Article XIX, whenever the standards of Chapter 400 place undue hardship on a specific development proposal, the applicant may apply to the Zoning Board of Adjustment for a variance. The Board of Adjustment shall review the applicant's request for a variance and act upon same. The Board of Aldermen shall be responsible for variances related to signs.
A.
An application for a variance shall be submitted to the Board of Adjustment by filing a copy of the application with the City Administrator at City Hall. Applications shall be handled in the same manner as applications for conditional use permits in conformity with the provisions of Article IV, Sections 400.155, 400.160, and 400.195.
B.
A 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 ordinance 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 can make no reasonable use of his property,
2.
The hardship of which the applicant complains is one suffered by
the applicant rather than by neighbors or the general public,
3.
The hardship relates to the applicant's land, rather than personal
circumstances,
4.
The hardship is unique, or nearly so,
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 approved use permit or the approved use
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 applicable requirement of
this Chapter.
[Ord. No. 659 §1, 5-2-2011]
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 contest of an appeal from a decision of the City Administrator, they shall be handled as provided in Article VI, Section 400.300.
B.
An
application for a map interpretation shall be submitted to the Board
of Adjustment by filing a copy of the application with the City Administrator
at City Hall. The application shall contain sufficient information
to enable the Board of Adjustment to make the necessary interpretation.
C.
Interpretations
of the location of floodway and flood plain boundary lines may be
made by the City Administrator.
[Ord. No. 659 §1, 5-2-2011]
A.
When an appeal is taken to the Board of Adjustment in accordance with Article VI, Section 400.300, the City Administrator shall have the initial burden of presenting to the Board of Adjustment sufficient evidence and argument to justify the order or decision appealed from. The burden of presenting evidence and argument to the contrary then shifts to the appellant who shall also have the burden of persuasion.
[Ord. No. 659 §1, 5-2-2011]
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, then a motion to uphold the decision appealed from shall
be in order. This motion is adopted as the Board of Adjustment's decision
if supported by more than one-fifth (1/5) of the Board's membership
(excluding vacant seats).
B.
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 Article VI, Section 400.305(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 of Adjustment's decision if supported by more than one-fifth (1/5) of the Board's membership (excluding vacant seats).
