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(Ord. 13-12. Passed 8-9-12.)
Appeals will be heard and decided only in such cases where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Inspector in the enforcement of this Zoning Ordinance. Appeals may be taken by any person aggrieved or by any officer of the City affected by any decision of the Zoning Inspector. Such appeal shall be taken within twenty (20) days after the decision. The concurring vote of three (3) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Inspector, or to decide in favor of the applicant on any matter upon which they are required to pass under the terms of this Zoning Ordinance.
(Ord. 13-12. Passed 8-9-12.)
(Ord. 13-12. Passed 8-9-12.)
An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Inspector from whom the appeal is taken certifies to the Board of Zoning Appeals after the notice of appeal is filed with him, that by reason of facts stated in the application, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Zoning Appeals or by a court of record on application, on notice to the Zoning Inspector from whom the appeal is taken on due cause shown.
(Ord. 13-12. Passed 8-9-12.)
(Ord. 13-12. Passed 8-9-12.)
To vary the strict application of any of the requirements of this Zoning Ordinance in the case of exceptionally irregular, narrow, shallow or deep lots, or other exceptional physical conditions, whereby such strict application would result in practical difficulty or unnecessary hardship - not economic in nature - that would deprive the owner of reasonable use of the land or building involved but in no other case. The fact that another use would be more profitable is not a valid basis for legally granting a variance. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance. The variance requested shall not alter the essential character of the locality, nor be in conflict with the Comprehensive Master Plan. In making this determination, the Board of Zoning Appeals shall be advised by the recommendation of the Planning Commission.
(Ord. 13-12. Passed 8-9-12.)
The procedure for the consideration of petitions for variances shall be:
(a) The Board of Zoning Appeals shall make a finding that the reasons set forth in the application are valid and justify the granting of the variance. The Board shall also determine if the variance is the minimum variance that will make possible the reasonable use of land, building or structure.
(b) Under no circumstances shall the Board of Zoning Appeals grant a variance which will permit a use which is not permitted in the district involved.
(c) Conditions: The Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Zoning Ordinance and the recommendation of the Planning Commission. The Board of Zoning Appeals shall require a bond or irrevocable letter of credit to assure conformance to such conditions and safeguards as the Board may require.
(d) Violation of such conditions and safeguards when such are made a part of the terms under which a variance is granted, shall cause the bond mentioned in 1173.13.1(c) above to be forfeited and shall be deemed in violation of this Zoning Ordinance and punishable under Section 1169.99 of this Zoning Ordinance.
(e) Public Hearings: Prior to taking action on a request for a variance the Board of Zoning Appeals shall hold a public hearing and give notice to property owners as required in Section 1173.09 of this Zoning Ordinance.
(Ord. 13-12. Passed 8-9-12.)
A variance from the terms of this Zoning Ordinance shall not be granted by the Board of Zoning Appeals unless and until a written application for a variance is submitted to the Zoning Inspector and the Board of Zoning Appeals containing at a minimum:
(a) Name, address and phone number of applicants;
(b) Legal description of property; and a site plan based on an accurate survey showing existing and/or future building locations and the locations of buildings on adjacent properties. This site plan should be prepared by a registered surveyor attesting to the accuracy of same;
(c) Description of nature of variance requested;
(d) Variances from the terms of the Zoning Ordinance shall be granted only where the property owner shows that the application of a zoning requirement to the property is inequitable causing the property owner practical difficulties in the use of the property. Factors to consider include, but are not limited to:
(1) Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;
(2) Whether the variance is substantial;
(3) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;
(4) Whether the variance would adversely effect the delivery of governmental services such as water, sanitary sewer or garbage removal;
(5) Whether the property owner purchased the property with knowledge of the zoning restriction;
(6) Whether the property owner's predicament feasibly can be obviated through some method other than a variance; and
(7) Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance. The Board shall determine, after weighing the factors described above and any other factors the Board deems relevant, whether the property owner has shown practical difficulties so inequitable as to justify granting a variance to the property owner.
(Ord. 13-12. Passed 8-9-12.)
(Ord. 13-12. Passed 8-9-12.)
In granting any appeal or variance, the Board of Zoning Appeals may prescribe appropriate conditions and safeguards in conformity with this Zoning Ordinance. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this Zoning Ordinance and punishable under Section 1169.99 of this Zoning Ordinance.
(Ord. 13-12. Passed 8-9-12.)
(Ord. 13-12. Passed 8-9-12.)
It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these and some other more conventional uses possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation, and public facilities that each specific use must be considered individually. These specific uses that are conditionally permitted under the provisions of this Zoning Ordinance shall follow the procedures and requirements set forth in this Section.
(Ord. 13-12. Passed 8-9-12.)
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