[Ord. No. 8-1997, § 16(G)(1), 7-15-1997; Ord. No. 25-2005, 12-7-2004; Ord. No. 3-2005, 7-20-2004]
The zoning board of appeals shall have the following powers:
(1) 
Administrative appeals. To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by, or failure to act by, the Code Enforcement Officer or Planning Board in the enforcement or administration of this chapter. Notwithstanding this provision, the zoning board of appeals does not have the authority to hear and decide appeals on a shoreland permit subject to contract rezoning provisions.
(2) 
Variance appeals. To authorize variances upon appeal, within the limitations set forth in this chapter.
A request for an administrative appeal or variance shall comply with the procedures described in chapter 102, zoning, article II, administration, division 4, appeals and variances.
[Ord. No. 8-1997, § 16(G)(2), 7-15-1997; Ord. No. 25-2005, 12-7-2004]
(a) 
Permitted variances. Variances may be permitted only under the following conditions:
(1) 
Undue hardship variances. Variances may be granted only from dimensional requirements, including but not limited to lot width, structure height, percent of lot coverage, and setback requirements.
(2) 
Use variances. Variances shall not be granted for establishment of any uses otherwise prohibited by this chapter.
(3) 
Disability variances. The criteria for granting a disability variance is defined in chapter 102, Zoning, section 102-133.
(b) 
(Reserved)
(c) 
Required findings.
(1) 
The board shall not grant a variance unless it finds that:
a. 
The proposed structure or use would meet the provisions of article V of this chapter except for the specific provision which has created the nonconformity and from which relief is sought; and
b. 
The strict application of the terms of this chapter would result in undue hardship.
(2) 
For purposes of this subsection, the term "undue hardship" is defined by criteria established in chapter 102, Zoning, section 102-133(a).
(d) 
Conditions. The Zoning Board of Appeals shall limit any variances granted as strictly as possible in order to ensure conformance with the purposes and provisions of this chapter to the greatest extent possible, and in doing so may impose such conditions to a variance as it deems necessary. The party receiving the variance shall comply with any conditions imposed.
(e) 
Review of proposed variances by state. A copy of each variance request, including the application and all supporting information supplied by the applicant, shall be forwarded by the City to the commissioner of the state department of environmental protection at least 20 days prior to action by the Zoning Board of Appeals. Any comments received from the commissioner prior to action by the Zoning Board of Appeals shall be made part of the record and shall be taken into consideration by the Zoning Board of Appeals.
(f) 
Submission of copies of granted variances to state. A copy of all variances granted by the zoning board of appeals shall be submitted to the state department of environmental protection within 14 days of the decision.
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Editor's Note: Former Sections 82-73 through 82-75, which contained provisions on the appeals process, adopted 7-15-1997 by Ord. No. 8-1997, were repealed 12-7-2004 by Ord. No. 25-2005.