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Appeals to the Board may be taken by any person aggrieved, or by any official, department, board or bureau of the City affected by any decision of the administrative official. Such appeal shall be taken within 10 days by filing with the administrative official and with the Board a notice of appeal specifying the grounds thereof. The administrative official shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from is taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official certifies to the Board, after notice of appeal shall have been filed, that by reason of facts stated in the certificate a stay would, in the official’s 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 court of record on application and notice to the administrative official, and on due cause shown. Fees for appeal shall be as established by resolution of the City Council.
1. Notice To Surrounding Property Owners. After the administrative official has set the Board of Adjustment meeting date, surrounding property owners within 310 feet, shall be notified along with the appellant. Notice shall be sent not less than seven days and not more than 20 days before the Board of Adjustment meeting. The notice shall follow the format established by the administrative official and be sent by first class mail. Notice shall contain the date, time, location and subject of the Board of Adjustment meeting.
2. Posting of Notice. The administrative official shall cause to be posted at least one notification sign at least seven days and not more than 20 days prior to the Board of Adjustment meeting. At least one sign must be placed so that it may be seen from a public street, and in cases of through lots and/or corner lots, a sign may be posted at both frontages.
The Board shall have the power to permit the following exceptions to the district regulations set forth in these zoning regulations, subject to the requirements of this section:
1. Public Service Corporation. To permit erection and use of a building or the use of premises or vary the height and the regulations in any location for a public service corporation for public utility purposes or purposes of public communication, which the Board determines is reasonable and necessary for the public convenience or welfare.
2. Extension of Use, Lot in More Than One District. To permit the extension of a use into a district where it would be otherwise prohibited in a case where a district boundary line is so located that a lot or plot is in more than one district.
3. Conditions For Granting Special Exceptions. To hear and decide only such other special exceptions as the Board is specifically authorized to pass on by the terms of these zoning regulations; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions when in harmony with the purpose and intent of these zoning regulations. A special exception shall not be granted by the Board unless and until:
A. A written application for a special exception is submitted indicating the section of these zoning regulations under which the special exception is sought and stating the grounds on which it is requested.
B. Notice of public hearing shall be given consistent with the provisions of Section 166.13 of this chapter.
C. The public hearing shall be held. Any party may appear in person, or by agent or attorney.
D. The Board shall make a finding that it is empowered under the section of these zoning regulations described in the application to grant the special exception and it will not adversely affect the public interest.
4. In granting any special exception, the Board may prescribe appropriate conditions and safeguards in conformity with these zoning regulations. Violations of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of these zoning regulations. The Board may prescribe a time limit within which the action for which the special exception is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the special exception.
The Board shall have the power to authorize, upon appeal in specific cases, such variance from the terms of these zoning regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of these zoning regulations would result in unnecessary hardship. A variance from the terms of these zoning regulations shall not be granted by the Board unless and until:
1. Submission of Application. A written application for a variance is submitted demonstrating that:
A. 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. Literal interpretation of the provisions of these zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of these zoning regulations.
C. The special conditions and circumstances do not result from the actions of the applicant.
D. Granting the variance requested will not confer on the applicant any special privilege that is denied by these zoning regulations to other lands, structures, or buildings in the same district.
2. No nonconforming use of neighboring land, structures, or buildings in the same district, and no permitted use of land, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.
3. Notice of Hearing. Notice of public hearing shall be given consistent with the provisions of Section 166.13 of this chapter.
4. Hearing. The public hearing shall be held. Any party may appear in person, or by agent or by attorney.
5. Findings. The Board shall make findings that the requirements of this section have been met by the applicant for a variance.
6. Justification For Granting Variance. The Board 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.
7. Conditions For Granting Variance.
A. The Board shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of these zoning regulations, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
B. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with these zoning regulations. 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 these zoning regulations.
C. Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of these zoning regulations in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.
1. In exercising the powers mentioned in this chapter, the Board may, so long as such action is in conformity with the terms of these zoning regulations, 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 all the powers of the administrative official from whom the appeal is taken.
2. The concurring vote of three 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 these zoning regulations, or to effect any variation in these zoning regulations.
The City Council may, at its discretion, review any affirmative decision of the Board of Adjustment at any time before the effective date of the decision. After such review, but prior to the effective date of the decision, the Council may remand any such decision to the Board of Adjustment for further review. Upon remand, the Board of Adjustment may reconsider its decision and issue its final decision on the request within 30 days after the date of such remand.
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