The hearing officer shall have the following powers and duties:
A. Appeals: To hear and decide appeals from zoning decisions applying the zoning ordinance, subject to the following:
1. The applicant or any other person or entity adversely affected by a decision administering or interpreting a zoning ordinance may appeal that decision applying the zoning ordinance by alleging that there is error in any order, requirement, decision or determination made by an official in the administration or interpretation of the zoning ordinance; provided, that any such appeal shall be received at the office of the city recorder within forty five (45) days from the date of action on the matter for which the appeal is requested.
2. Any officer, department, board or bureau of a city affected by the grant or refusal of a building permit or by any other decisions of the zoning administrator in the administration or interpretation of the zoning ordinance may appeal any decision to the hearing officer.
3. The hearing officer shall hear and decide appeals from planning commission decisions regarding conditional use permits, unless the zoning ordinance designates another body to hear conditional use permit appeals.
4. The person or entity making the appeal has the burden of proving that an error has been made.
5. Only zoning decisions applying the zoning ordinance may be appealed to the hearing officer. A person may not appeal, and the hearing officer may not consider, any zoning ordinance amendments.
6. Appeals may not be used to waive or modify the terms or requirements of the zoning ordinance.
B. Special Exceptions: To hear and decide special exceptions to the terms of the zoning ordinance, but only if authorized to do so by the zoning ordinance and based only on the standards contained in the zoning ordinance.
C. Variances: To hear and decide variances to the requirements of the zoning ordinance, subject to the following:
1. Any person or entity desiring a waiver or modification of the requirements of the zoning ordinance as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest, may apply to the hearing officer for a variance from the terms of the zoning ordinance.
2. The hearing officer may grant a variance only if:
a. Literal enforcement of the zoning ordinance would cause an unreasonable hardship for the applicant that is: 1) not necessary to carry out the general purpose of the zoning ordinance; and 2) consistent with the criteria set forth under subsections C3 and C4 of this section;
b. There are special circumstances attached to the property that do not generally apply to other properties in the same district and which are consistent with the criteria set forth under subsection C5 of this section;
c. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district;
d. The variance will not substantially affect the general plan and will not be contrary to the public interest; and
e. The spirit of the zoning ordinance is observed and substantial justice done.
3. In determining whether or not enforcement of the zoning ordinance would cause unreasonable hardship under subsection C2a of this section, the hearing officer may not find an unreasonable hardship unless the alleged hardship:
a. Is located on or associated with the property for which the variance is sought; and
b. Comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
4. In determining whether or not enforcement of the zoning ordinance would cause unreasonable hardship under subsection C2a of this section, the hearing officer may not find an unreasonable hardship if the hardship is self-imposed or economic.
5. In determining whether or not there are special circumstances attached to the property under subsection C2b of this section, the hearing officer may find that special circumstances exist only if the special circumstances:
a. Relate to the hardship complained of; and
b. Deprive the property of privileges granted to other properties in the same district.
6. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
7. Variances run with the land.
8. The hearing officer and any other body may not grant use variances.
9. In granting a variance, the hearing officer may impose additional requirements on the applicant that will:
a. Mitigate any harmful affects of the variance; or
b. Serve the purpose of the standard or requirement that is waived or modified.
D. Modifications To Nonconforming Uses: The hearing officer may make determinations regarding the existence, expansion or modification of nonconforming uses, but only if that authority is delegated to them by the city council.
(Ord. 2-1-2000C, 2-1-2000; amd. 2004 Code; Ord. 07-07-2020A, 7-7-2020)
Notes
| 1 | 1. See also subsection 10-3-3D of this code. |