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A. In exercising the above mentioned powers, the board of adjustment in conformance with the provisions of this chapter, may 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 in keeping with the intent, spirit and purpose of this chapter, and to that end shall have all the powers of the officer from whom the appeal is taken.
B. Every ruling made upon any appeal to the board shall include a written finding of fact by the board of adjustment and shall specify the reason for granting or denying the appeal. (Prior code § 16-48)
A. Appeals from the action of any administrative official acting under this chapter shall be made in the following manner:
1. The appeal shall be taken within thirty (30) days of the action appealed by filing with the official from whom the appeal is taken and the office of the board of adjustment, a notice of appeal specifying the grounds therefor, and paying such fee as shall be established by the council;
2. The official from whom the appeal is taken shall transmit to the board all papers constituting the record of the matter in appeal;
3. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment after the 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 such case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown; and
4. The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. (1985 Code)
A. Notice of public hearing before the board of adjustment shall be given by publication in a newspaper of general circulation and by mailing written notice by the clerk of the board of adjustment to all owners of property within a three hundred foot (300') radius of the exterior boundary of the subject property. A copy of the published notice may be mailed in lieu of written notice; however, the notice by publication and written notice shall be published and mailed at least ten (10) days prior to the hearing.
B. The notice, whether by publication or by mail, of a public hearing before the board of adjustment shall contain:
1. Legal description of the property and the street address or approximate location in the municipality;
2. Present zoning classification of the property and the nature of the appeal, variance or exception requested; and
3. Date, time and place of the hearing.
C. On hearings involving minor variances or exceptions, notice shall be given by the clerk of the board of adjustment by mailing written notice to all owners of property adjacent to the subject property. The notice shall be mailed at least ten (10) days prior to the hearing and shall contain the facts listed in subsection B of this section. The board of adjustment shall set forth in a statement of policy what constitutes minor variances or exceptions, subject to approval or amendment by the municipal governing body. (1985 Code)
A. An appeal from any action, decision, ruling, judgment or order of the board of adjustment may be taken by any person or persons, jointly or severally, or any taxpayer, or any officer, department, board or bureau of the city to the district court by filing notice of appeal with the city clerk and with the board of adjustment within ten (10) days from the filing of the decision of the board of adjustment which notice shall specify the grounds of such appeal. Upon filing of the notice of appeal as herein provided, the board of adjustment shall forthwith transmit to the court clerk of the county the original or certified copy of all the papers constituting the record in the case, together with the order, decision or ruling of the board of adjustment.
B. An appeal to the district court from the board of adjustment stays all proceedings in furtherance of the action appealed from unless the chairman of the board of adjustment, from which the appeal is taken, certifies to the court clerk, after the notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay, in his opinion, would cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the district court upon application or notice to the administrative officer in charge of the enforcement of the terms and provisions of the ordinance, and upon notice to the chairman of the board of adjustment from which the appeal is taken, and upon due cause being shown, the court may reverse or affirm, wholly or partly, or modify the decision brought up for review. (Prior code § 16-49)
ARTICLE C. ADMINISTRATIVE ADJUSTMENT
A. Purpose: An administrative adjustment is a staff approved adjustment that may be issued for a structural encroachment to remedy an error made in the field resulting in noncompliance with required regulations.
B. Applicability: The director of community development shall have the authority to authorize administrative adjustment of up to twenty percent (20%) from numerical standards limited to the following area development regulations:
1. Front yard depth.
2. Side yard width or area.
3. Rear yard depth or area.
C. Public Notification And Administrative Hearing:
1. Administrative adjustment application requests of ten percent (10%) or less from numerical standards do not require public notification of the request.
2. Administrative adjustment application requests of over ten percent (10%) from numerical standards require public notification by first class mail to adjacent property owners of the request. Administrative hearing to hear application and receive public comment shall be held no sooner than seven (7) days after the date of first class mailing to adjacent property owners.
D. Review And Action By Director Of Community Development: The director shall review the application and approve, approve with conditions or deny the application based upon the criteria below. A written decision including affirmative findings on the criteria set forth below shall be mailed to the applicant.
E. Administrative Adjustment Criteria: To approve an application for an administrative adjustment, the director shall make an affirmative finding that the following criteria are met:
1. That granting the administrative adjustment will ensure the same general level of land use compatibility as the otherwise applicable standards;
2. That granting the administrative adjustment will not materially and adversely affect adjacent land uses and the physical character of uses in the immediate vicinity of the proposed development;
3. That granting the administrative adjustment will be generally consistent with the purposes and intent of this LDC and the general plan.
F. Filing Fee: When the application for the administrative adjustment is filed, a filing fee as determined by city council is required.
G. Appeals: Appeal of an administrative adjustment denied by the director of community development shall be taken to the board of adjustment within thirty (30) days of the mailing of the director's decision in accordance with section 12-126 of this chapter. (Ord. 1633, 6-13-2006)