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Beaux Arts Village City Zoning Code

§ 18.10.170

Variances.

Variances to BAVMC § 18.10.050, 18.10.080 and 18.10.090 shall be submitted to the hearing examiner.
(1) 
No variance shall be approved or approved with modifications unless the examiner finds that all of the following three criteria have been met:
(a) 
The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application was filed is located; and
(b) 
That such variance is necessary, because of special circumstances relating to the size, shape, topography, location, or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and in the zone in which the subject property is located; and
(c) 
That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated.
(2) 
A variance may be approved with conditions. If no reasonable conditions can be imposed that ensure the application meets the criteria of subsections (1)(a) through (c) of this section, then the application shall be denied.
(3) 
Fees. A nonrefundable fee shall be assessed for every request for variance submitted for review. Variance fees shall be set by resolution of the town council and shall be paid at the time the request for variance is submitted. No action shall be taken upon the request for variance until the fee has been paid.
(4) 
Notice of Public Hearing. Before a request for a variance is acted upon by the examiner, the examiner shall consider the application in an open record hearing at a public hearing. Notices of this public hearing shall be published, posted and mailed as required by town ordinance.
(5) 
Findings and Conclusions and Decision. In deciding upon the variance requested, the examiner shall prepare written findings and conclusions based upon the testimony and written exhibits submitted at the open record hearing. The date that such findings are signed shall be the date of action on the variance request.
(6) 
Appeals. The action of the examiner may be appealed to the council as authorized by ordinance. A 14-day appeal period begins from the date of action on the variance request. The appeal to the council will be a closed record hearing. A nonrefundable fee shall be assessed for every appeal filed for review by the council. Appeal fees shall be set by resolution of the council and shall be paid at the time the request for appeal is filed with the town clerk.
(7) 
Permit for Approved Variance. No permit will be issued until the appeal period has ended.
(Ord. 372 § 17, 2009; Ord. 383 § 2, 2011; Ord. 433 § 1 (Att. A), 2018)