Loading...
Any person aggrieved by a ruling of the Building Inspector respecting the interpretation of this chapter, or any officer, department, board, or bureau of the city affected by a ruling of the Building Inspector concerning the interpretation of this chapter, may take an appeal to the Zoning Board of Appeals. The appeal of the action complained of shall be taken by filing with the Building Inspector and with the Board, a notice of appeal specifying the grounds thereof, together with such plats and exhibits as are reasonably necessary. Such appeals shall be taken on forms provided by the Board. The Building Inspector shall forthwith transmit to the Board all papers constituting the record on which the action appealed from was taken.
(Ord. 80-0-24, passed 1-12-81)
The appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building Inspector certifies to the Board after the notice of appeal has been filed with him, that by reason of the facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a circuit court on application and on notice to the Building Inspector from whom the appeal is taken, and on due cause shown.
(Ord. 80-0-24, passed 1-12-81)
The Zoning Board of Appeals may authorize on appeal, in a specific case, such variations from the terms of this chapter as will be in harmony with its general purpose and intent and in accordance with general or specific rules therein contained in cases where there are practical difficulties or particular hardship in the way of carrying out the strict letter of any of those regulations relating to the use, construction, or alteration of buildings or structures or the use of land. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for issuance of a variation. Variations shall not be granted on the grounds of convenience or profit, but only where strict application of the provisions of this chapter would result in unnecessary hardship.
(Ord. 80-0-24, passed 1-12-81)
A variation from the terms of this chapter shall not be granted by the Zoning Board of Appeals unless and until the proper written application for a variation is submitted to the Building Inspector and the Board. A variation shall not be granted unless the Board makes specific findings of fact, 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.
(Ord. 80-0-24, passed 1-12-81)
Cross-reference:
Request for variation, see Appendix
A variation from the terms of this chapter shall not be granted by the Zoning Board of Appeals unless and until a written application for a variation is submitted to the Building Inspector and the Board containing:
(A) Name, address, and phone number of applicants;
(B) Legal description of property;
(C) Description and nature of variation requested;
(D) A narrative statement demonstrating that the requested variation conforms to the following standards:
(1) 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;
(2) That a literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;
(3) That special conditions and circumstances do not result from the actions of the applicant;
(4) That granting the variation requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district.
(Ord. 80-0-24, passed l-12-81)
The Zoning Board of Appeals shall hold a public hearing within 45 days after the receipt of an application for an appeal or variation from the Building Inspector or an applicant. The Board shall fix a reasonable time and place for the hearing of appeals and shall not have the power to grant a variation until such public hearing has been held, either at a regular meeting or at a special meeting.
(Ord. 80-0-24, passed 1-12-81)
Before holding a hearing, notice of its time and place shall be published in a paper of general circulation in the city not less than 15 and not more than 30 days previous to the hearing. Such notice shall contain the address or location of the property for which a hearing by the Board is sought, as well as a brief description of the nature of the application.
(Ord. 80-0-24, passed 1-12-81)
Loading...