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(A) Authority. The Zoning Board of Adjustment shall have authority to grant, upon such terms and conditions as it deems necessary, a variance(s) from those specific restrictions as to area, fences and walls, frontage dimension on a public or private street, height, landscape plant material, loading, parking, setbacks, signs, width, yards, general character and other accessory and incidental restrictions applicable to the appropriate district.
('80 Code, App. A, § 211) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995)
(1) The Zoning Board of Adjustment shall be authorized to hear and decide appeals from an interpretation and/or a decision of the Zoning Administrator.
(2) The Zoning Board of Adjustment shall hear and decide appeals of the Minor Variance Committee and a decision of the Zoning Administrator or designee.
('80 Code, App. A, § 181) (Ord. 583, passed 9-16-1952; Ord. 2584, passed 9-16-1992; Ord. O96-77, passed 8-7-1996)
(3) The Board of Adjustment shall consider appeals pertaining to removal of abandoned signage.
(4) The Board shall be authorized to hold a public hearing to consider granting a variance(s) only when findings of fact are made that all of the conditions found in § 154-03.04(D)(1) are found to exist.
(5) The Zoning Board of Adjustment, shall be authorized to hold a public hearing to consider the revocation or modification of a variance(s) previously granted in accordance with the provisions of the zoning code.
(6) The Board of Adjustment may not:
(a) Grant a variance to allow a less restrictive use, or other use not permitted in the applicable district. A variance request must be compatible with the general purpose and intent of the zoning code and the General Plan upon which it is based, so that the spirit of the zoning code and General Plan shall be observed, public safety and welfare secured, and substantial justice be done, not only to the applicant, but to others who might be affected by approval of such variance; and
(b) The Board shall not approve a variance if it finds that the special circumstance(s) or condition(s) of the property, building or use which is claimed to cause a practical difficulty, unnecessary hardship or inconsistency with the intent of the purpose of the zoning code or General Plan applies generally throughout the neighborhood or district. In such cases where variance requests are so general, or recurrent in nature, an amendment of the zoning code should be considered to provide a general regulation for such special circumstance rather than the approval of variance requests.
('80 Code, App. A, § 211) (Ord. 583, passed 9-16-1952; Ord. O95-090, passed 12-20-1995; Ord. O2010-32, passed 7-7-2010; Ord. O2010-66, passed 1-5-2011)