Good Thunder City Zoning Code
CITY COUNCIL
POWERS
§ 154.020 CREATION AND MEMBERSHIP.
(A) The City Council is constituted and established as the authority to determine all matters to deal with zoning.
(B) The Council shall keep a public record of its transactions, findings and determinations.
(2001 Code, § 11.17)
§ 154.021 POWERS.
(A) The Council shall have power to grant a variance adjustment in and exception to any of the provisions of this chapter to the extent of the following and no further:
(1) To vary or modify the strict application of any of the regulations or provisions contained in this chapter in cases in which there are practical difficulties or unnecessary hardships in the way of the strict applications. No variance or modification of the uses permitted within a district shall be allowed, except as otherwise provided in this chapter;
(2) To hear and determine appeals as to the exact boundaries of zoning districts; and
(3) To permit the extension of a district where the boundary line divides a lot in one ownership at the time for the passage of this chapter, but the extension of any district shall not exceed 100 feet.
(B) The Council shall act upon all questions as they may arise in the administration of any ordinance or official control, and it shall hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with enforcing any ordinance adopted pursuant to the provisions of state statutes.
(2001 Code, § 11.17)
§ 154.022 APPEALS.
(A) Appeals may originate from any aggrieved person, firm or corporation objecting to the ruling of any administrative official on the administering of the provisions of this chapter or other ordinance adopted pursuant to the provisions of state statutes.
(B) The appeal may be taken by any person aggrieved or by any officer or department of the municipality.
(C) The decision of the Council shall not be final and any person having an interest affected by the ordinance shall have the right to appeal to the District Court.
(2001 Code, § 11.17)
§ 154.023 FINDINGS.
The City Council shall not grant an application unless it finds the following facts at the hearing where the applicant shall present a statement and evidence in a form as the Council may require:
(A) There are special circumstances or conditions affecting the land, building or use referred to in the appeal that do not apply generally to other property in the same vicinity; and
(B) The granting of the application will not materially adversely affect the health or safety of persons residing or working in the area adjacent to the property of the applicant and will not be materially detrimental to the public welfare or injurious to property or improvements in the area adjacent to the property of the applicant.
(2001 Code, § 11.17)
§ 154.024 PROCEDURE.
(A) Application under the provisions of this section shall be made to the City Council. Upon receipt of any application, the City Council shall set a time and place for a public hearing before the Board on the application.
(B) Written notice of the public hearing shall be sent to all property owners or residents within 300 feet of the property. The public hearing shall be given not more than 30 days, nor less than ten days, in advance by publishing a notice in the official newspaper of the area. The notice shall describe the particular variance and shall contain a description. Assessor tax records and street addresses shall be deemed sufficient for location or certification of ownership of the adjacent properties.
(C) (1) The Council shall make its decision upon the application within ten days of the public hearing. In recommending any adjustment or variance under the provisions of this section, the Council shall designate the conditions in connection as will, in its opinion, secure substantially the objectives of the chapter, regulation or provision to which the adjustment of variance is granted.
(2) The applicant for a variance which, in the opinion of the Board of Adjustments, may result in a material adverse effect on the environment, may be required to demonstrate the nature and extent of the effect.
(2001 Code, § 11.17)