(A) All appeals shall be made within 30 days from the date of any decision constituting the basis for appeal. A demand for a zoning appeal is received by the Zoning Administrator. Appeals can be filed by:
(1) A person aggrieved, or
(2) An officer, department, board, or bureau of the state or local unit of government.
(B) The Appeals Board shall have the authority to hear appeals concerning:
(1) All questions that arise in the administration of the zoning ordinance, including interpretation of the zoning map.
(2) All administrative orders, requirements, decision or determination made by an administrative official or body charged with enforcement of the zoning ordinance.
(3) All decisions of the Zoning Administrator.
(4) All decisions concerning site plan review.
(C) Upon receipt of a written demand for appeal, the administrator will review the demand for appeal to insure it is complete and the required fee is paid.
(1) If the application is not complete, the administrator will return the application to the applicant with a letter that specifies the additional material required.
(2) If the application is complete, the administrator and chairman of the Appeals Board shall establish a date to hold a hearing on the appeal.
(D) The appeal stays all proceedings in furtherance of the action appealed, unless the body or officer from whom the appeal is taken certifies to the Zoning Board of Appeals that by reason of facts stated in the certificate, a stay would in the opinion of the body or officer cause imminent peril of life or property, in which case proceedings may be stayed by a restraining order issued by the Zoning Board of Appeals or a Circuit Court.
(E) A public hearing shall be held and notice provided pursuant to § 152.274.
(F) The Appeals Board shall hold a hearing on the demand for appeal.
(1) Representation at hearing. Upon the hearing, any party or parties may appear in person or by agent or by attorney.
(2) Standards for variance decisions by the Appeals Board. The Appeals Board shall base its decisions on variances from the strict requirements of this chapter so that the spirit of the chapter is observed, public safety secured, and substantial justice done based on the following standards:
(a) For dimensional variances. A dimensional variance may be granted by the Zoning Board of Appeals only in cases where the applicant demonstrates in the official record of the public hearing that practical difficulty exists by showing all of the following:
1. That the need for the requested variance is due to unique circumstances or physical conditions of the property involved, such as narrowness, shallowness, shape, water, or topography and is not due to the applicants’ personal or economic difficulty.
2. That the need for the requested variance is not the result of actions of the property owner or previous property owners (i.e. self created).
3. That strict compliance with regulations governing area, setback, frontage, height, bulk, density or other dimensional requirements will unreasonably prevent the property owner from using the property for a permitted purpose, or will render conformity with those regulations unnecessarily burdensome.
4. That the requested variance is the minimum variance necessary to do substantial justice to the applicant as well as to other property owners in the district.
5. That the requested variance will not cause an adverse impact on surrounding property, property values, or the use and enjoyment of property in the neighborhood or zoning district.
(b) Use variances. Under no circumstances shall the Appeals Board grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.
(G) If the demand for appeal is for a variance the Appeals Board shall either grant, grant with conditions, or deny the application. The Appeals Board may reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination and may issue or direct the issuance of a permit. A majority vote of the membership of the Appeals Board is necessary to grant a dimensional variance and rule on an interpretation of the chapter. The decision shall be in writing and reflect the reasons for the decision. At a minimum the record of the decision shall include:
(1) Formal determination of the facts;
(2) The conclusions derived from the facts (reasons for the decision); and
(3) The decision.
(H) Any person having an interest affected by such decision shall have a right to appeal to Circuit Court within 30 days of the certified decision of the Appeals Board, as provided by law.
(I) Re-submission. No application for a variance or special exception which had been denied shall be resubmitted within 90 days from the last date of denial, except on grounds of newly discovered evidence or proof of changed conditions.
(Ord. 2006-4, passed 7-10-2006)