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(A) The Board of Adjustment and Appeals has the following powers and duties with respect to the zoning code.
(B) To hear and decide appeals where it is alleged that there is an error in any order of requirement, decision, or determination made by an administrative officer in the enforcement of the zoning code.
(Ord. 239, § 1102, passed 1-22-2000; Am. Ord. 23-02, passed 2-13-2023)
(A) Undue hardship as used in connection with the granting of a variance means:
(1) The property in question cannot be put to a reasonable use if used under conditions allowed by Chapters 151 and 152;
(2) The plight of the landowner is due to circumstances unique to his or her property not created by the landowner; and
(3) The variance, if granted, will not alter the essential character of the locality.
(B) Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the chapter.
(C) Conditions may be imposed in the granting of variances to ensure compliance and to protect adjacent properties.
(D) A variance may not be granted for any use that is not permitted under this chapter for the zone in which the property is located.
(E) Undue hardship, as used in connection with the granting of a variance, includes direct sunlight for solar energy systems.
(Ord. 239, § 1103, passed 1-22-2000)
(A) The procedure for taking action on a variance or an appeal shall be as follows.
(B) (1) An application for a variance or an appeal of a requirement, decision, or determination of an administrative officer shall be filed with the Zoning Administrator stating the particular difficulties claimed and remedy sought. Such application shall be accompanied by a fee as set forth in the current city fee schedule. This fee shall not be refunded. The application shall be considered as being officially submitted complete when the applicant has complied with all the specified informational requirements, which shall include the following:
(a) A written description of the request for the variance, including an explanation of compliance with the variance criteria set forth in this section; and
(b) Supporting materials as determined by the Zoning Administrator as applicable to be necessary for the complete and clear definition and understanding of the request.
(2) Upon receipt of a complete application, as determined by the Zoning Administrator, the City Clerk shall set a public hearing following proper hearing notification.
(3) The Zoning Administrator shall refer the matter to the Planning and Zoning Commission for review and comment. Within 30 days after the Zoning Administrator has accepted a complete application, the Planning Commission shall conduct the hearing and report its findings and make recommendations to the Board. Notice of hearing shall consist of a legal property description, description of request and property location, and be published in the official newspaper at least 10 days prior to the hearing.
(4) The Planning and Zoning Commission shall forward its recommendation to the Board for final approval. The Board shall act upon the request within 60 days from the date of submission of the completed application to the Zoning Administrator, unless an extension has been provided. However, the time within which the Board must make a decision may be extended for 60 days by the Board by giving written notice to the applicant of this extension and the reasons for it within the first 60-day period, in which case the Board shall have 120 days to hold a public hearing and either approve or deny the application for a variance. A copy of the order shall be mailed to the applicant.
(5) A decision of the Board is final, subject only to judicial review in the district court.
(6) The Planning and Zoning Commission and Board shall provide a record of its proceedings which shall include the minutes of its meetings, its findings, and the action taken on each matter heard by it, including any final order.
(7) Upon notification of the applicant and verification by the Zoning Administrator that the construction permitted by a variance is complete, a certified copy of a variance granted, including the legal description of the property involved, shall be filed with the County Recorder.
(8) Construction permitted by an existing or newly issued variance shall be completed within 1 year of the variance issuance or the variance shall be void.
(Ord. 239, § 1104, passed 1-22-2000; Am. #4, passed - -2004; Am. Ord. 23-02, passed 2-13-2023)
(A) Engage in land use planning activities;
(B) Prepare a zoning ordinance. A Planning and Zoning Commission can not adopt an ordinance. It can recommend an ordinance or amendments to an ordinance to the City Council. Only a City Council can adopt an ordinance. The Planning and Zoning Commission is the appropriate body to hold all hearings on a zoning ordinance and its amendments;
(C) Review and recommend to the City Council the appropriate action to take on all requests for amendments to the zoning code, variances and conditional use permits;
(D) Hold public hearings on the above; and
(E) Other matters as delegated by the City Council.
(Ord. 239, § 1106, passed 1-22-2000; Am. Ord. 23-02, passed 2-13-2023)
(A) A conditional use listed in this chapter may be permitted, enlarged, or altered in accordance with the standards and conditions of this chapter. In addition to those standards and requirements expressly specified by this chapter, additional conditions considered necessary to protect the best interests of the surrounding area, or the city as a whole, may be imposed.
(B) These conditions may include but are not limited to the following:
(1) Ingress and egress to the 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;
(2) Off-street parking and loading areas where required with particular attention to the items in division (B)(1) above and the economic, noise, glare, or odor effects of the conditional use on adjoining properties and properties generally in the area;
(3) Refuse and service areas, with particular reference to the items in divisions (B)(1) and (B)(2) above;
(4) Utilities, with reference to locations, availability, and compatibility;
(5) Screening and buffering with reference to type, dimensions, and character;
(6) Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;
(7) Required yards and other open space; and/or
(8) General compatibility with adjacent properties and other property in the area in regard to lot size, dimensions, and setbacks.
(Ord. 239, § 1107, passed 1-22-2000)
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