The Board of Adjustment shall hold a public hearing on all applications for variances and appeals, subject to the following:

(1)

All applications shall be in writing on forms provided by the City and shall include the following:

a.

Project narrative, addressing nature of request and, in the case of variances, how each of the review criteria are met by the project;

b.

One (1) set of stamped envelopes addressed to the owners of all properties within one hundred (100) feet of the subject property; and

c.

Such other information as determined necessary by the City Manager for proper review and evaluation of the application.

(2)

Any application submitted pursuant to this Article shall be accompanied by both a land use application fee and a development review cash deposit, each in the amount set forth in the City's Fee Schedule as adopted by the City Council from time to time.

(3)

All applications shall be heard not later than sixty (60) days from the date the application is deemed complete by the City Manager.

(4)

Three (3) members of the Board of Adjustment shall constitute a quorum for the transaction of any business, and at least three (3) affirmative votes shall be necessary to reverse any order, requirement or decision of any administrative official, or to grant any variance.

(Prior code 23-423; Ord. 14-05 §1, 2005; Ord. 12-08 §1, 2008; Ord. 07-09 §3, 2009; Ord. 15-10 §6, 2010; Ord. 10-14 §7, 2014; Ord. No. 2017-05, §6, 5-4-2017)

(a)

At least fifteen (15) days prior to the hearing, the City Clerk shall notify the applicant in writing of the time and place of the public hearing.

(b)

At least fifteen 15) days prior to a hearing on a variance application, the City Clerk shall mail notice of the hearing, including the date, time and place of the hearing, to property owners within one hundred (100) feet of the subject property.

(c)

At least ten (10) days prior to a hearing on a variance application, the City shall post notice of the hearing on the subject property. Each sign shall be at least two (2) feet by three (3) feet in size, with letters of such type size as shall substantially fill the sign with the following language. Each sign shall be erected in a conspicuous location along each public street abutting the subject property, shall be dated and shall be in substantially the following form:

CITY OF EDGEWATER
NOTICE OF PUBLIC HEARING ON
AN APPLICATION FOR A VARIANCE

NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE EDGEWATER BOARD OF ADJUSTMENT IN THE CITY COUNCIL CHAMBERS AT THE EDGEWATER MUNICIPAL BUILDING, 2401 SHERIDAN BLVD., AT 7:00 P.M. ON  (DATE) , TO CONSIDER AN APPLICATION FOR A VARIANCE CONCERNING THIS PROPERTY. ALL THOSE WISHING TO BE HEARD SHOULD BE PRESENT AT THE TIME AND PLACE STATED ABOVE. FOR MORE INFORMATION, CONTACT THE CITY CLERK AT (303) 238-7803.

(d)

At least ten (10) days prior to the hearing, the City Clerk shall cause notice of the hearing to be published in a newspaper of general circulation within the City.

(Prior code 23-424; Ord. 10-14 §7, 2014)

(a)

Appeals to the Board of Adjustment may be taken by any person aggrieved by the inability to obtain a building permit, or by the decision of any administrative office or agency based upon or made in the course of the administration or enforcement of the provisions of this Chapter. Appeals may be taken by any officer, department, board or bureau of the City affected by the granting or refusal of a building permit or other decision of an administrative officer or agency based on or made in the course of the administration or reinforcement of the provisions of this Chapter.

(b)

Appeals to the Board of Adjustment shall be filed within sixty (60) days from the date of the order, requirement, decision or determination being appealed. The Board of Adjustment shall not have jurisdiction to hear any appeal not filed within sixty (60) days from the date of such order, requirement, decision or determination.

(Prior code 23-425; Ord. 10-14 §7, 2014)

A party to an appeal or variance proceeding before the Board of Adjustment may appeal the decision of the Board of Adjustment to the City Council subject to the following:

(1)

Appeals shall be in writing on forms provided by the City Clerk.

(2)

Appeals to the City Council shall be filed within ten (10) days from the date of the Board of Adjustment's decision. The City Council shall not have jurisdiction to hear any appeal not filed within the time limit stated herein.

(3)

A fee shall be paid for all appeals in the amount set forth in the City's Fee Schedule as adopted by the City Council from time to time, to be paid in full to the City Clerk at the time of filing an appeal.

(4)

All appeals shall be decided by the City Council not later than ninety (90) days from the filing of the appeal.

(5)

City Council shall notify the appellant in writing within thirty (30) days of its decision.

(Prior code 23-426; Ord. 10-14 §7, 2014; Ord. 2017-05 §7, 2017)

The City Council's review of the Board of Adjustment's decision shall be limited to a determination as to whether, from the evidence presented at the hearing before the Board of Adjustment, the decision of the same was in excess of its jurisdiction or was arbitrary and capricious. For purposes of this Section, a decision of the Board of Adjustment is not "arbitrary and capricious" if it is supported by any competent evidence in the record of the proceedings of the Board of Adjustment. For purposes of this Section, competent evidence means enough evidence in support of the decision made to make the issue decided fairly debatable among reasonable people.

(Prior code 23-427; Ord. 05-11 §1, 2011; Ord. 10-14 §7, 2014)

(a)

Subject to the requirements of this section, variances from the requirements of this Chapter may be granted by the Board of Adjustment when the circumstances and conditions of a property are exceptional or extraordinary such that they do not apply to property generally within the City and such that denial of an application for relief from the requirements of this Chapter would result in an inability to reasonably utilize the property. In reviewing applications for variances under this Section, the burden shall be upon the applicant to meet the criteria set forth herein.

(b)

The Board of Adjustment shall not approve a variance from the requirements of this Chapter unless all of the following criteria are met:

(1)

The property has extraordinary or exceptional physical conditions that do not generally exist in nearby properties in the same zoning district;

(2)

The extraordinary or exceptional physical condition of the property will not allow reasonable use of the property in its current zone in the absence of relief;

(3)

The granting of the variance will not have an adverse impact on the surrounding properties, the neighborhood, or the community as a whole;

(4)

The granting of the variance will not be detrimental to public health, safety and welfare or injurious to surrounding property values and neighborhood character;

(5)

The granting of the variance shall not be substantially inconsistent with any plans adopted by the City;

(6)

The granting of the variance shall not materially weaken the general purpose of this Chapter 16 or any other zoning regulations of the City;

(7)

The variance, if granted, shall only be to the extent necessary to afford a reasonable use of the property; and

(8)

The unique conditions of the property under which the variance is sought were not created by the owner of the property or their agent.

(c)

No variance authorizing a change in the permitted or conditional uses of property shall be granted.

(d)

Conditions may be imposed upon any variance approval in order to alleviate or mitigate potential adverse impacts. Conditions must relate to the property and may relate to specific persons or organizations which have a direct association with the use of the property as contemplated by the requested variance. Every variance authorized hereunder shall be transferable and shall run with the land unless expired pursuant to subsection (e) below.

(e)

A variance granted pursuant to this Section shall expire within two (2) years from the date of final approval if action has not been taken within said time. This time may be extended with the approval of the Board of Adjustment if the petitioner can show good cause. For purposes of this Subsection, action means obtaining a building permit or other applicable City permit/license pursuant to the granting of the variance, or if a permit or license is not required, the right that is granted pursuant to the variance is put to use.

(f)

When an application for a variance from the terms of this Chapter has been denied by the Board of Adjustment, no application for the same or substantially the same variance may be filed with the Board of Adjustment for a period of one (1) year after the date the Board of Adjustment's decision denying the previous variance application becomes final.

(g)

The City Manager may administratively review and issue decision on an application for a variance requested as a reasonable accommodation required by the Americans with Disabilities Act (ADA), Fair Housing Act (FHA) or other applicable state or federal law concerning equal access to dwellings. The City Manager shall apply the applicable legal standard, after consultation with the City Attorney, and issue written decision approving, conditionally approving or denying such an application. The decision shall be mailed to the applicant at the mailing address indicated in the variance application. An applicant may appeal the City Manager's decision to the Board of Adjustment pursuant to Section 16-24-30. Notice of a variance application approved or conditionally approved pursuant to this Subsection (g) shall be promptly sent by First Class U.S. Mail to all property owners within one hundred (100) feet of the subject property.

(Prior code 23-428; Ord. 07-09 §4; 2009; Ord. 10-14 §7, 2014; Ord. 2015-16, §1 2015; Ord. 2018-14 §4, 2018; Ord. 2025-02 §1, 2025)