A. Appeals: Any person aggrieved by a ruling of the administrative official charged with the enforcement of this title, or by an officer, department, board, or bureau of the city concerning the interpretation of this title, may take an appeal to the zoning board of appeals. The appeal shall be taken within forty five (45) days of the action complained of by filing, with the officer from whom the appeal is taken and with the zoning board of appeals, a notice of appeal specifying the grounds thereof.
B. Variances:
1. A variance may be granted by the zoning board of appeals after a public hearing upon the following conditions:
a. That the party seeking a variance makes written application to the board demonstrating:
(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 literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title.
(3) That the special conditions and circumstances do not result from the actions of the applicant. (Ord. 2014-48)
(4) That granting the variance requested will not confer on the applicant any special privilege that is denied by this title to other lands, structures, or buildings in the same district.
b. That the granting of the variance will be in harmony with the general purpose and intent of this title and will not be injurious to the neighborhood, or detrimental to the public welfare. A variance shall not be granted merely to serve as a convenience to the applicant, but only if it is necessary to alleviate some demonstrable hardship or difficulty. Under no circumstances shall the zoning board of appeals grant a variance to allow a use not expressly permissible under the terms of this title in the district involved. (Ord. 2013-20)
2. In granting a variance, the zoning board of appeals may prescribe appropriate conditions and safeguards in conformity with this title. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be punishable under chapter 10 of this title. (Ord. 2013-31)
3. No nonconforming use of neighborhood lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.
4. The applicant shall have twelve (12) months from the date of issuance of the zoning certificate which certifies the approval of the variance to commence the work authorized by the variance; otherwise the variance shall be lapsed and be and become null and void.
C. Procedures For Appeals And Variances:
1. An appeal or application for variance shall be filed with the administrative official. The appeal or application shall be in such form and shall contain such information as the zoning board of appeals shall prescribe by general rule. Upon receiving an appeal or application for variance, the zoning board of appeals shall fix a reasonable time for a public hearing thereon, provided however, such time shall be within thirty one (31) days from the date the appeal or application for variance is so filed, and give public notice of such hearing. Such notice shall be published at least once, not more than thirty (30) nor less than fifteen (15) days before the hearing, in one or more newspapers of general circulation.
2. The notice shall designate the location of the premises and contain a brief statement of the appeal or application for variance, provided, however, such notice may be supplemented by such additional form of information as the board by rule may provide. The administrative official shall cause to be posted, not less than seven (7) nor more than fifteen (15) days prior to the scheduled hearing, on any property to be affected by such appeal or variance, a notice indicating the date, time, place, existing zoning and proposed variance or nature of the appeal. Furthermore, the procedure specified in subsection 15.6.7.1C of this chapter for notifying adjoining property owners shall be followed; provided, however, that the notice shall include the nature of the variance or appeal, rather than reference to a zoning district change.
3. All hearings conducted by the zoning board of appeals shall be open to the public and may be continued from time to time for good cause shown. Any person may appear and testify at a hearing, either in person or by a duly authorized agent or attorney. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses.
4. Within fifteen (15) days after the conclusion of a hearing, the zoning board of appeals shall file its decision in writing, accompanied by findings of fact specifying the reason or reasons for such decision.
5. The affirmative vote of five (5) members of the board shall be required to reverse or modify, in whole or in part, any order, requirement, decision, or determination of the administrative official or to grant, wholly or in part, any request for variance application.
6. In the case of an appeal, such appeal shall stay all proceedings in furtherance of the action appealed from, unless the administrative official certifies to the zoning board of appeals after notice of appeal has been filed with him, that by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property; in which case, the proceedings shall be stayed only by a restraining order which may be granted to the zoning board of appeals by a court of record on application, with notice to the official from whom the appeal is taken.
7. In the case of an appeal, the zoning board of appeals, in exercising its powers, may, upon the concurring vote of five (5) members reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, so long as such action is in conformity with the terms of this title. To this end, the zoning boards of appeals shall have the powers of the administrative official from whom the appeal is taken.
8. In the case of an application for variance, the zoning board of appeals shall determine and may make variance to the regulations of this title in harmony with their general purpose and intent, only in the specific instances as provided herein, where the board makes a finding of fact based upon the standards prescribed herein, that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this title.
9. The zoning board of appeals may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to prevent injurious effects therefrom upon other property in the neighborhood, and better to carry out the general intent of this title.
10. All decisions and findings of the zoning board of appeals shall be final administrative determinations and shall be subject to review by the courts as provided by law. (Ord. 2013-20)