The powers and duties of the Board of Adjustment shall be as follows:
(A) Administrative review. To hear and decide appeals from any decision or determination made by the Zoning Administrator in the enforcement of this chapter. No appeal shall be heard by the Board unless notice thereof is filed within 30 days after the interested party or parties receive the decision or determination by the Zoning Administrator. Both appeals and applications shall be filed with the Zoning Administrator, who shall act as Clerk for the Board in receiving this notice. All appeals and applications shall be made upon the form specified for that purpose, and all information required on the form shall be complete before an appeal or application shall be considered as having been filed. Once appeals and applications have been filed with the Zoning Administrator, the Zoning Administrator shall immediately notify the Chairperson of the Board that the appeals or applications have been received.
(B) Conditional uses. Upon application, the Board of Adjustment may grant in particular cases and subject to appropriate conditions and safeguards, permits for conditional uses as authorized by this chapter and set forth as conditional uses under the various use districts. A conditional use permit may be granted by the Board of Adjustment only after making the following findings:
(1) An application for the conditional use has been submitted as prescribed by this chapter.
(2) If the Board of Adjustment finds that, in the particular case in question, the use for which the conditional use permit is sought will not adversely affect the health or safety of persons residing or working in the neighborhood of the proposed use, and will not be detrimental to the public welfare or injurious to property or public improvements in the neighborhood, a permit may be granted. In granting such a permit, the Board of Adjustment may designate the conditions in connection therewith as will, in its opinion, assure that the proposed use will conform to the requirements and spirit of this chapter.
(3) Before any conditional use permit is issued, the Board shall make written findings certifying compliance with the specific rules governing the individual conditional use and that satisfactory provision and arrangement has been made for at least the following, where applicable:
(a) Satisfactory ingress and egress to property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control;
(b) Provision of off-street parking and loading areas where required, with particular attention to the items listed above, and the economic, noise, glare and odor effects of the conditional use on adjoining properties in the area;
(c) Adequate and proper utilities, with reference to locations, availability and compatibility;
(d) Buffering, with reference to type, location and dimensions;
(e) Signs, if any, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;
(f) Playgrounds, open spaces, yards, landscaping, access ways, pedestrian ways, with reference to location, size and suitability;
(g) Buildings and structures, with reference to location, size and use;
(h) Hours of operation, with particular reference to protecting and maintaining the character of the neighborhood; and
(i) A site plan has been submitted as required by this chapter.
(4) The Zoning Administrator shall make periodic inspections during construction as well as a final inspection after construction is complete to determine whether the conditions imposed and agreements made in the issuance of the permit have been met as well as whether all other requirements of this chapter have been met. The Zoning Administrator shall report his or her findings to the Board of Adjustment. If at any time after a conditional use permit has been issued, the Board of Adjustment determines that the conditions imposed and agreements made have not been or are not being fulfilled by the holder of a conditional use permit, the permit shall be terminated and the operation of the use discontinued. If a conditional use permit is terminated for any reason, it may be reinstated only after reapplying for a conditional use permit.
(C) Variances.
(1) Upon application, the Board of Adjustment may authorize in specific cases the variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will, in an individual case, result in practical difficulty or unnecessary hardship. The variance may be permitted as long as the spirit of the ordinance shall be observed, public safety and welfare secured, and substantial justice done. The variance may be granted in the individual case of unnecessary hardship upon a finding by the Board of Adjustment that the following conditions exist:
(a) There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other lands or structures in the same district;
(b) Granting the variance requested will not confer upon the applicant any special privileges that are denied to other residents of the district in which the property is located;
(c) A literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located;
(d) The requested variance will be in harmony with the purpose and intent of this chapter and will not be injurious to the neighborhood or to the general welfare;
(e) The special circumstances are not the result of the actions of the applicant. The variance requested is the minimum variance that will make possible the legal use of the land, building or structure;
(f) The variance is not a request to permit a use of land, building or structure which is not permitted by right or by conditional use in the district involved; and
(g) A nonconforming use of neighboring land, structures or buildings in the same district, and permitted uses of land, structures or buildings in other districts, will not be considered grounds for the issuance of a variance.
(2) In granting a variance, the Board of Adjustment shall make findings that the requirements of this section have been met. The Board of Adjustment shall make a finding, and a written notice of the decision shall be prepared. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of the conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable under this chapter.
(2002 Code, Art. VII, § 92.00.44) (Ord. passed 10-19-1999) Penalty, see § 155.999