(A) Board of Appeals and Adjustment. The Planning Commission shall act as the Board of Appeals and Adjustments and shall have the power to hear and decide requests for the following:
(1) Interpretation. Hearing appeals where it is alleged that there is an error in a decision or judgment made by an administrative officer in the interpretation or enforcement of this chapter or in the interpretation of zoning district boundaries.
(2) Variances. Grant variances from literal ordinance requirements in instances where strict enforcement would cause undue hardship because of circumstances unique to the individual property under construction.
(B) Variance procedures.
(1) Applications provided by the city must be completed in writing prior to any consideration of variance petitions. Fees for variances are established by resolution of the City Council.
(2) The Board of Appeals and Adjustments may require the applicant to provide ten copies of plans, maps, surveys, etc., as deemed necessary, to ensure proper review and consideration of variance petitions.
(3) After filing an application, the City Clerk shall set a date for a public hearing. Notice of the hearing shall be posted and published at least ten days prior to the date of the hearing, and notice shall be mailed to each property owner within 350 feet of the property to which the variance relates. Defects in the notice or failure to notify individual property owners shall not validate the proceedings, provided a good faith effort was made to comply with these provisions.
(4) Upon the hearing request, the Board of Appeals and Adjustments shall either approve or deny the variance and shall state the reasons for said action. Conditions for approval may be attached to any variance granted.
(5) The Board of Appeals and Adjustments must find as follows in the granting of a variance from this chapter:
(a) Granting a variance will not adversely affect the public health, welfare and safety and will not be detrimental or injurious to property or improvements in the neighborhood.
(b) Strict interpretation or enforcement would result in a practical difficulty or unnecessary hardship that is not self created, that is inconsistent with the intent of this chapter and the comprehensive plan.
(c) There are exceptional or extraordinary circumstances or conditions applicable to the property, use or facilities that do not apply generally to other properties in the same district.
(d) Strict or literal interpretation would deprive the applicant of the use and enjoyment of his property in a manner similar to others in the same district.
(e) Granting of the variance will not allow a use which is otherwise not a permitted use in the zoning district in question.
(6) A variance granted but not used shall become void one year after its effective date.
(7) No application for the same or essentially the same variance shall be made within six months of the date of denial.
(C) Variance appeal procedures. Within 30 days of the action of the Board of Appeals and Adjustments, the applicant or an affected property owner may file an appeal to the City Council to the decision of the Board of Appeals and Adjustments. The City Council shall set a date for a public hearing, within 45 days of receipt of the appeal, to consider granting or denying the variance request.
(Ord. 150, passed 2-22-2000; Ord. passed 3- -2007)