(A) Appeals.
(1) Appeals to Commission. Appeals to the Planning and Zoning Commission concerning interpretation or administration of this chapter may be taken by any person aggrieved or by any officer or bureau of the legislative authority of the city affected by any decision of the Zoning Inspector. Such appeal shall be taken within 20 days after the decision by filing with the Zoning Inspector and with the Planning and Zoning Commission, a notice of appeal specifying the grounds upon which the appeal is being taken. The Zoning Inspector shall transmit to the Planning and Zoning Commission all the papers constituting the record upon which the action appealed from was taken.
(2) Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from unless the Zoning Inspector, by reason of facts stated in the application, finds that a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Planning and Zoning Commission by a court of record.
(B) Variances.
(1) The Planning and Zoning Commission may authorize a variance from the terms of this chapter which shall not be contrary to the public interest and, where owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship.
(2) A variance shall not be granted unless the Planning and Zoning Commission makes a specific finding based directly on the particular evidence presented to it which supports conclusions that the standards and conditions imposed by this section have been met by the applicant.
(3) No variance shall be granted which will alter the character and use of a zoning district or to correct an error of judgment in zoning laws.
(4) Application and standards for variances. Except as otherwise permitted in this chapter, a variance from the terms of this Zoning Code shall not be granted by the Planning and Zoning Commission unless and until a written application for a variance is submitted to the Zoning Inspector and the Planning and Zoning Commission. At a minimum, the application shall include:
(a) Name, address, and phone number of applicant(s).
(b) Legal description of property.
(c) Description of nature of variance requested.
(d) A list of all property owners and their addresses who are within, contiguous to, or directly across the street, and may have interest in the variance.
(e) A narrative statement that the requested variance conforms to the following standards:
1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district.
2. That a literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.
3. That special conditions and circumstances do not result from the actions of the applicant.
4. That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district.
(C) Public hearing by the Planning and Zoning Commission. The Planning and Zoning Commission shall hold a public hearing within 20 days after the receipt of an application for an appeal or variance from the Zoning Inspector or an applicant.
(D) Notice of public hearing in newspaper. Before holding the public hearing required in division (C) of this section, notice of such hearing shall be given in one or more newspapers of general circulation in the city, at least ten days prior to the date of said hearing. The notice shall set forth the time and place of the public hearing and the nature of the proposed appeal or variance.
(E) Notice to parties of interest. Prior to conducting the public hearing required in division (C) of this section, written notice of such hearing shall be mailed by the Chairperson of the Planning and Zoning Commission, by first class mail at least ten days before the day of the hearing, to all property owners of adjoining parcels or parcels within 300 feet of the affected property. The notice shall contain the same information as required of notices published in newspapers as specified in division (D) of this section.
(F) Action by the Planning and Zoning Commission.
(1) Within 30 days after the public hearing required in division (C) of this section, the Planning and Zoning Commission shall either approve, approve with supplementary conditions, or disapprove the request for appeal or variance.
(2) The Planning and Zoning Commission shall further make a finding in writing that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building, or structure. A copy of this decision shall be transmitted to the applicant and the Zoning Inspector.
(3) Appeals from Planning and Zoning Commission decisions shall be made in the manner specified in this section.
(G) Supplementary conditions and safeguards. Under no circumstances shall the Planning and Zoning Commission grant an appeal or variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district. In granting any appeal or variance, the Planning and Zoning Commission may prescribe any appropriate conditions and safeguards in conformity with this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the appeal or variance has been granted, shall be deemed a violation and punishable under § 155.2617.
(Ord. 37-02, passed 7-10-02)