Appeals to the Zoning Board of Appeals concerning interpretation or administration of this Ordinance may be taken by any person aggrieved, or by any officer or bureau of the legislative authority of the City affected by any decision of the Zoning Inspector. Such appeal shall be taken within ten (10) days after the decision by filing with the Zoning Inspector and with the Board a notice of appeal specifying the grounds upon which the appeal is being taken as well as payment in full of any applicable fees (refer to Section 1145.17). The Zoning Inspector shall transmit to the Board all the papers constituting the record upon which the action appealed from is taken.
If three or more members of the Zoning Board of Appeals disqualify themselves from considering an appeal based on a conflict of interest which would ethically preclude voting on the question, then the appeal shall be heard by the City Planning Commission pursuant to the appeal and hearing provisions of Chapters 1147 and 1148 except that the concurring vote of four members of the Planning Commission shall be necessary to reverse any order, requirement, decision or determination of the Zoning Inspector, or to grant any variance from the requirements stipulated in this section. Any member of the Zoning Board of Appeals who claims to have a conflict of interest shall explain the reason for the conflict of interest to the Board at a meeting or in writing submitted to the Secretary of the Board.
(Ord. 07-28. Passed 6-4-07.)
The Zoning Board of Appeals may authorize a variance from the terms of this Ordinance which shall not be contrary to the public interest and where owing to special conditions, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship.
A variance shall not be granted unless the Board makes a specific finding based directly on the particular evidence presented to it which supports conclusions that the standards and conditions imposed by this section have been met by the applicant. No variance shall be granted which will alter the character and use of a zoning district or to correct an error of judgment in zoning laws.
Under no circumstances shall the Board of Zoning Appeals grant an appeal or variance to allow a use not permissible under the terms of this Ordinance in the district involved or any use expressly or by implication prohibited by the terms of this Ordinance in said district.
(a) Application and Standards for Variances.
Except as otherwise permitted in this Ordinance, a variance from the terms of this Zoning Ordinance shall not be granted by the Zoning Board of Appeals unless and until a written application for a variance is submitted to the Zoning Inspector and the Zoning Board of Appeals. At a minimum, the application shall include:
(1) Name, address, and phone number of applicant(s).
(2) Legal description of property.
(3) Description of nature of variance requested.
(4) A list of all property owners and their addresses who are within 200' of the affected property, contiguous to, or directly across the street and on either side of the properties across the street, and may have interest in the variance.
(5) A narrative statement demonstrating that the requested variance conforms to the following standards:
A. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district.
B. That a literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance.
C. That special conditions and circumstances do not result from the actions of the applicant.
D. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district.
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