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Bellevue City Zoning Code

CHAPTER 1229

Board of Zoning Appeals

1229.01 BOARD ESTABLISHED.

   The Board of Zoning Appeals (hereinafter called BZA), established in accordance with law and hereafter referred to as the BZA, shall consist of five (5) members, one of whom shall be the Chairman of the Planning Commission. No other member of the Planning Commission shall serve on the BZA. The other four (4) members of the BZA shall be appointed by the Mayor, and confirmed by City Council, for a period of three (3) years from the date of appointment. The term of one member of the first BZA shall be for one (1) year, one (1) for two (2) years, and two (2) for three (3) years. The Board shall adopt such rules and regulations as it deems necessary to interpret and implement the provisions of this Zoning Ordinance.
(Ord. 1-15. Passed 2-23-15.)
 

1229.02 MEETINGS.

   All meetings of the Board of Zoning Appeals shall be made public. The Board shall keep a record of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, such fact shall be recorded. The presence of three (3) members shall constitute a quorum. The concurring vote of three (3) members shall be necessary to pass upon any matter before the Board. No variance, conditional use permit, appeal, or request for a home occupation permit shall be approved by the Board unless the Board has first held a Public Hearing. The Board shall hold meetings at such time as the Board may determine or upon call of its Chairperson.
(Ord. 1-15. Passed 2-23-15.)
 

1229.03 APPEALS/FEE.

   Any decision of the Zoning Administrator made in the enforcement of this Zoning Ordinance may be appealed to the Board of Zoning Appeals by any person adversely affected by such decision. An appeal may be initiated by the appellant filing with the secretary of the BZA, a notice of intention to appeal accompanied by a fee established by City Council to cover the cost of advertising the appeal and mailing notices. The fmal decision of an appeal shall be in the form of a resolution, reversing, modifying, or affirming the decision of the Zoning Administrator. If a resolution fails to receive three (3) votes in favor of the appellant or in favor of a modification of the decision appealed from the action shall be deemed equivalent to a denial of the appeal and shall be formally entered upon the record. The Board shall hear the appeal within thirty (30) days of receipt thereof and shall render its decision within fifteen (15) days of the Public Hearing thereof. With the consent of the appellant, such term may be extended.
(Ord. 1-15. Passed 2-23-15.)
 

1229.04 POWERS OF THE BOARD.

   The Board of Zoning Appeals shall have the powers and duties prescribed by statute and by this Zoning Ordinance, which powers and duties are hereby summarized and more particularly specified.
   (a)   Administrative Appeal. On appeal from a determination of the Zoning Administrator, or on request by any official department or board of the City, the BZA shall decide any question involving the interpretation of any provision of this Zoning Ordinance.
   (b)   Variances. On appeal of a denial by the Zoning Administrator of a zoning application, the BZA may grant a variance where the strict application of this Zoning Ordinance would result in practical difficulty or unnecessary hardship. No nonconforming use of neighboring lands, structures or buildings in the same district shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit. No variance shall be granted by the BZA unless it finds that:
      (1)    The strict application of the provisions of this Zoning Ordinance would deprive the applicant of reasonable use of land or buildings for which such variance is necessary and the variance granted by the BZA is the minimum variance that will accomplish this purpose.
      (2)   There are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land and building and do not apply generally to land or buildings in the vicinity or neighborhood and have not resulted from any act by the applicant subsequent to the adoption of this Zoning Ordinance.
      (3)   The granting of the variance will be in harmony with the general purpose of this Zoning Ordinance, will not be injurious to the neighborhood, and will not alter the essential character of the locality. In granting of a variance, the Board may prescribe appropriate conditions or requirements of this subsection.
      (4)   The variance will provide the minimum necessary relief and will represent the least possible modification.
      (5)   The variance will not constitute a change, including a variation in use, on the official Zoning Map or permit a use which is not permitted in the zoning district.
   (c)    Conditional Use. On application, supplementing an application to the Zoning Administrator for a Zoning Permit, the Board of Zoning Appeals may grant a permit for any use for which the approval of the Board is required under this Zoning Ordinance. In granting such permit, the Board may specify appropriate safeguards and conditions and shall review the application and shall find adequate evidence that such use conforms to the provisions of Chapter 1209.
(Ord. 1-15. Passed 2-23-15.)
 

1229.05 DECISIONS OF THE BOARD.

   All decisions by the Board of Zoning Appeals shall be in writing and shall fully set forth the reasons for the decision and the findings of fact upon which the decision was based. A certified copy of the decision shall be transmitted to the applicant and to the Zoning Administrator and the decision of the Board shall be binding on the applicant and the Zoning Administrator.
(Ord. 1-15. Passed 2-23-15.)
 

1229.06 TIME LIMITS.

   Variances, Conditional Use Permits and Home Occupation Permits which are not exercised within one (1) year of date of issuance, or which have discontinued for a period of one (1) year, are hereby declared to be revoked without further hearing of the Board of Zoning Appeals.
(Ord. 1-15. Passed 2-23-15.)
 

1229.07 APPLICATION AND STANDARDS.

   Except as otherwise permitted in this Zoning Ordinance, no variance in the strict application of the provisions of this Zoning Ordinance shall be granted by the Board of Zoning Appeals, unless the Board shall find that the written application for the requested variance contains all of the following requirements:
   (a)    Name, address, and phone number of applicant(s);
   (b)    Description or nature of variance requested;
   (c)    A fee as established by ordinance;
   (d)    Narrative statements establishing and substantiating that the variance conforms to the following standards:
      (1)    The granting of the variance shall be in accord with the general purpose and intent of the regulations imposed by this Zoning Ordinance in the district in which it is located, and shall not be injurious to the area or otherwise detrimental to the public welfare.
      (2)    The granting of the variance will not permit the establishment of any use which is not otherwise permitted in the district.
      (3)    There must exist special circumstances or conditions, fully described in the findings, applicable to the land or buildings for which the variance is sought, which are peculiar to such land or buildings in the area, and which are such that the strict application of the provisions of this Zoning Ordinance would deprive the applicant of the reasonable use of such land or building. Mere loss in value shall not justify a variance; there must be deprivation of beneficial use of land.
      (4)    There must be proof of hardship created by the strict application of this Zoning Ordinance. It is not sufficient proof of hardship to show that greater profit would result if the variance were granted. Furthermore, the hardship complained of cannot be self-created, nor can it be established on this basis by one who purchases with or without knowledge of the restrictions; it must result from the application of this Zoning Ordinance; it must be suffered directly by the property in question; and evidence of variances granted under similar circumstances need not be considered.
      (5)    The granting of the variance is necessary for the reasonable use of the land or building, and the variance as granted is the minimum variance that will accomplish this purpose.
      (6)    The proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values of the adjacent area.
      (7)    The granting of the variance requested will not confer on the applicant any special privilege that is denied by this regulation to other lands, structures, or buildings in the same district.
(Ord. 1-15. Passed 2-23-15.)
 

1229.08 ADDITIONAL CONDITIONS AND SAFEGUARDS.

   The Board may further prescribe any conditions and safeguards that it deems necessary to insure that the objectives of the regulations or provisions to which the variance applies will be met. Any violation of such conditions and safeguards, when they have been made a part of the terms under which the variance has been granted, shall be deemed a punishable violation under this Zoning Ordinance.
(Ord. 1-15. Passed 2-23-15.)
 

1229.09 PUBLIC HEARING.

   The Board of Zoning Appeals shall hold a public hearing within thirty (30) days after the receipt of an application for an appeal or variance from the Zoning Administrator or an applicant.
(Ord. 1-15. Passed 2-23-15.)
 

1229.10 NOTICE OF PUBLIC HEARING.

   Before conducting the public hearing required in Section 1229.09, notice of such hearing shall be given in one (1) or more newspapers of general circulation in the City at least ten (10) days before the date of said hearing. The notice shall set forth the time and place of the public hearing, and the nature of the proposed appeal or variance.
(Ord. 1-15. Passed 2-23-15.)
 

1229.11 NOTICE TO PARTIES IN INTEREST.

   Before conducting the public hearing required in Section 1229.09, written notice of such hearing shall be mailed by the Chairman of the Board of Zoning Appeals, by first class mail, at least ten (10) days before the day of the hearings to all owners of property within, contiguous to, and directly across the street from the property in question. The notice shall contain the same information as required of notices published in newspapers as specified in Section 1229.10.
(Ord. 1-15. Passed 2-23-15.)
 

1229.12 ACTION BY BOARD OF ZONING APPEALS.

   Within fifteen (15) days after the public hearing required in Section 1229.09, the BZA shall either approve, approve with supplementary conditions or disapprove the request for appeal or variance. The Board of Zoning Appeals shall further make a finding in writing that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building or structure.
(Ord. 1-15. Passed 2-23-15.)