(A) Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the administrative official in the enforcement of this subchapter.
(Prior Code, § 3.1404)
(B) Special Exceptions. Conditions governing applications, procedures to hear and decide only such special exceptions as the Board of Adjustment is specifically authorized to pass on by the terms of this subchapter, to decide such questions as are involved in determining whether special exceptions should be granted, and to grant special exceptions with such conditions and safeguards as are appropriate under this subchapter, or to deny special exceptions when not in harmony with the purpose and intent of this subchapter, a special exception shall not be granted by the Board of Adjustment unless and until:
(1) A written application for a special exception is submitted indicating the section of this subchapter under which the special exception is sought, and stating the grounds on which it is requested;
(2) Notice of the time and place of the hearing shall be given once at least ten days in advance by publication in a legal newspaper of the municipality. The owner of the property for which special exception is sought or his or her agent shall be notified by mail. Notice of such hearings shall be posted on the property for which special exception is sought, at the City Hall, and in one other public place at least ten days prior to the public hearing;
(3) The public hearing shall be held. Any party may appear in person, or by agent or attorney;
(4) The Board of Adjustment shall make a finding that it is empowered under the section of this subchapter described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public interest; and
(5) Before any special exception shall issue, the Board shall make written findings certifying compliance with the specific rules governing individual special exceptions, and that satisfactory provision and arrangement has been made concerning the following, where applicable:
(a) Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow, and control and access in case of fire or catastrophe;
(b) Off-street parking and loading areas where required, with particular attention to the items in division (B)(5)(a) above and the economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district;
(c) Refuse and service areas, with particular reference to the items in divisions (B)(5)(a) and (B)(5)(b) above;
(d) Utilities, with reference to locations, availability, and compatibility;
(e) Screening and buffering with reference to type, dimensions, and character;
(f) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;
(g) Required yards and other open space; and
(h) General compatibility with adjacent properties and other property in the district.
(Prior Code, § 3.1405)
(C) (1) Variances; Conditions governing applications; procedures. To authorize upon appeal in specific cases, such variance from the terms of this subchapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this subchapter would result in unnecessary hardship, and so that the spirit of the subchapter shall be observed and substantial justice done. A variance from the terms of this subchapter shall not be granted by the Board of Adjustment unless and until a written application for a variance is submitted demonstrating:
(a) Special conditions and circumstances exist which are peculiar to the land, structures, or buildings in the same district;
(b) Literal interpretation of the provisions of this subchapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this subchapter;
(c) The special conditions and circumstances do not result from the actions of the applicant; and
(d) Granting the variance requested will not confer on the applicant any special privilege that is denied by this subchapter to other lands, structures, or buildings in the same district.
(2) No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or non-conforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.
(a) Notice of public hearing shall be given as in division (B)(2) above.
(b) The public hearing shall be held. Any party may appear in person, or by agent or by attorney.
(c) The Board of Adjustment shall make findings that the requirements of division (C)(1)(a) above have been met by the applicant for a variance.
(d) The Board of Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.
(e) The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this subchapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
(3) In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this subchapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this subchapter and punishable under § 32.99(A).
(4) Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this subchapter in the district involved, or any use expressly or by implication prohibited by the terms of this subchapter in said district.
(Prior Code, § 3.1406)
(D) Board’s powers of administrative official on appeals; reversing decision of administrative official.
(1) In exercising the above mentioned powers, the Board of Adjustment may, so long as such action is in conformity with the terms of this subchapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the administrative official from whom the appeal is taken.
(2) The concurring vote of two-thirds of the members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this subchapter, or to affect any variation in the application of this subchapter.
(Prior Code, § 3.1407)
(Ord. 451, passed 9-11-2000)