(A) Board of Appeals. The Zoning Board of Appeals shall act as the Board of Appeals for these regulations. The Board of Appeals shall have the authority to interpret, consider appeals of administrator decisions, and consider request for variances; provided, the Board of Appeals shall have no authority to hear an appeal, interpret provisions or consider a variance from any matter that relates to the construction or design specifications established by the City Building Code. Such decisions shall be the sole province of the Construction Board of Appeals.
(B) Appeals. Any person aggrieved by any decision or order of the Director of Public Works or Zoning Administrator in connection with any provisions of these regulations may appeal to the Board of Appeals within 30 days of the decision or order.
(C) Interpretation. The Board of Appeals may interpret any aspect of the regulations of this chapter. Such interpretation may be required by an application, business owner, property owner, city official, the Zoning Administrator or the Director of Public Works.
(D) Variances.
(1) The Board of Appeals shall hear variance requests on all applications that do not conform to the provisions of these regulations, relating to location, height, maintenance and opaqueness.
(2) The Board of Appeals shall use the following standards to determine if a variance is warranted. All of the following standards shall be satisfied, as applicable.
(a) The applicant has demonstrated a variance is needed due to a practical difficulty on the site or unique condition that is more than mere inconvenience.
(b) A variance is warranted due to circumstances exceptional and peculiar to the property for which the variance is requested, and those conditions do not exist generally throughout the city.
(c) The variance will not be a hazard to either clear vision or overall safety and will be harmonious with the surrounding environment.
(d) If applicable, a variance would significantly bring a nonconforming fence closer to conformity with this chapter.
(e) The variance will not be contrary to the purpose and intent of the regulation(s) being considered for the variance.
(Ord. effective 11-1-2019; Ord. effective 1-1-2022)