§ 153.005  APPEALS.
   (A)   Any person contesting any disapproval, interpretation and/or application of any rule, standard, regulation, determination, requirement or necessity set forth in this chapter shall have the right to appeal the decision of the Planning Director to the Zoning Board of Adjustments (ZBA), as established in Ch. 156 of this code of ordinances, and which will use their public hearing procedures to consider such requests. The fees for such appeals, waivers and variances shall be the same as for any zoning variance issue.
   (B)   The ZBA shall have the delegated jurisdiction to grant special variance from the provisions of this chapter where it is found, upon presentation of adequate proof that compliance with any provisions of this chapter will result in an arbitrary and unreasonable taking of property or in the practical closing or elimination of any lawful business, or a substantial financial hardship or inequity in any case without sufficient corresponding benefit or advantage of the city and its citizens in terms of accomplishing the purposes of this chapter.
   (C)   The ZBA may permit such modification of the requirements of this chapter as may be found necessary to avoid inconvenience arising because of the location of existing structures or of topography. The ZBA may request, with the approval of the City Manager’s office, the attendance of the City Attorney to any case brought before it where, in the opinion of the Planning Director and the ZBA Chairperson, there will be a beneficial need of his or her presence and legal guidance.
(Ord. 2016-07A, passed 8-9-2016)