(a) Taking of Appeals. Appeals to the Board of Zoning Appeals concerning interpretation or administration of this Ordinance by the Code Inspector may be taken by any person aggrieved, including a tenant, or by a governmental officer, department, or board. Such appeal shall be taken within twenty (20) days after the date of the decision, by filing with the Code Inspector or with the Board of Zoning Appeals, a notice of appeal specifying the decision of the Code Inspector which the appeal is being taken.
(b) Imminent Peril. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Code Inspector certifies to the Board of Zoning Appeals, after notice of appeal shall have been filed with him, that by reason of facts stated in the application a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order which may, on due cause shown, be granted by the Board of Zoning Appeals after notice to the Code Inspector, or by judicial proceedings.
(Ord. 2009-85. Passed 12-8-09.)
The Board of Zoning Appeals shall have the power to authorize, upon appeal in specific cases, as hereinafter provided, such variances from the provisions or requirements of this Ordinance as will not be contrary to the public interest. Such variances shall be granted only in cases of exceptional conditions, involving irregular, narrow, shallow, or steep lots, or other exceptional physical conditions of the land, whereby strict application of such requirements would result in practical difficulty that would deprive the owner of the reasonable use of the land and buildings involved. No variance from strict application of any provision of this Ordinance shall be granted by the Board unless it finds that the applicant has shown that all of the following facts and conditions exist:
(a) That there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions generally created by the provisions of the Zoning Ordinance in the neighborhood or district in which the property is located.
(b) That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.
(c) That such necessary hardship has not been created by the applicant.
(d) That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public health, safety and/or welfare.
(e) That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.
Under no circumstances shall the Board of Zoning Appeals grant a variance that would allow a use not permissible under this Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this Ordinance in said district.
(Ord. 2009-85. Passed 12-8-09.)
Any person owning or having an interest in property, after being denied a zoning certificate, may file an application to obtain a variance or appeal from the decision of the Code Inspector, with the Board of Zoning Appeals, on a form as specified for that purpose.
The application for a variance or an appeal shall contain the following information:
(a) Name, address, and phone number of the applicant.
(b) Legal description of property as recorded in Crawford County Recorder's office.
(c) A map or drawing to approximate scale, showing the dimensions of the lot and any existing or proposed building.
(d) The names and addresses of all property owners within 200 feet, contiguous to, and directly across the street from the property, as appearing on the Crawford County Auditor's current tax list.
(e) Each application for a variance or appeal shall refer to the specific provisions of this Ordinance which apply.
(f) A narrative statement explaining the following:
(1) The use for which variance or appeal is sought.
(2) Details of the variance or appeal that is applied for and the grounds on which it is claimed that the variance or appeal should be granted, as the case may be.
(3) The specific reasons why the variance or appeal is justified, according to Section 1115.02 (a) to (e) above.
(Ord. 2009-85. Passed 12-8-09.)
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