[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.
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[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.
(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.