For the purpose of this Zoning Ordinance the Board shall have the following powers:
(a) Appeals. To hear and decide appeals from any action, refusal, interpretation, order, requirement, decision or determination by the Zoning Inspector in the administration and enforcement of the provisions of this Ordinance. Such appeal shall be taken within thirty days after the decision. This shall be done by filing with the Zoning Inspector and with the Board of Zoning Appeals a notice of appeal, specifying the grounds upon which the appeal is being taken. The Zoning Inspector shall forthwith transmit to the Board of Zoning Appeals all the papers constituting the record upon which the action appealed from was taken.
The Board of Zoning Appeals shall then review the case to see if the Zoning Inspector has acted in conformance with the provisions of the Ordinance. If the Board of Zoning Appeals finds that the Zoning Inspector was justified in refusing to grant the permit, they shall uphold his decision. If, on the other hand, the Board of Zoning Appeals finds that the Zoning Inspector was in error, they shall issue an order for the Zoning Inspector to grant the zoning permit. If the Board of Zoning Appeals denies the appeal, the applicant may request a variance under a separate application. A resident can also appeal to the Board of Zoning Appeals a decision of the Zoning Inspector to grant a zoning permit where the resident believes that the permit should not have been granted.
(b) Variance. To authorize upon appeal where by reason of exceptional narrowness, shallowness or shape, or exceptional topographic conditions or other extraordinary situation or condition of a lot, the strict application of the terms of this Ordinance would result in peculiar and exceptional practical difficulties or undue hardship upon the owner thereof, a variance from such strict application to relieve such difficulties or hardship, provided relief may be granted without substantial detriment to the public good and without substantially impairing the intent of this Ordinance, and provided further that no variance shall be granted unless the Board finds that all of the following conditions exist:
(1) The special circumstances or conditions applying to the building or land in question are peculiar to such lot or property and do not apply generally to other land or buildings in the vicinity.
(2) The granting of the application is necessary for the preservation and enjoyment of a substantial property right and not merely to serve as a convenience to the applicant.
(3) That the condition from which relief or a variance is sought did not result from action by the applicant.
(4) The authorizing of the variance will not impair an adequate supply of light and air to adjacent property or unreasonably increase the congestion in public streets, or increase the danger of fire or imperil the public safety or unreasonably diminish or impair established property values within the surrounding area, or in any other respect impair the health, safety, convenience or general welfare of the inhabitants of the City.
While appeals and variances come to the Board of Zoning Appeals only after the Zoning Inspector has refused a zoning permit, applications for conditional uses and exceptions come directly to the Planning Commission.
(Ord. 040-2009. Passed 2-23-09.)
(Ord. 040-2009. Passed 2-23-09.)