Grimes City Zoning Code

12-2 Board

of Adjustment

12-2-1 Board of Adjustment:

BOARD MEMBERSHIP. The Board of Adjustment shall consist of five (5) members. The terms of office of the members of the Board of Adjustment and the manner of their appointment shall be as provided by state law and the Board of Adjustment procedure manual. Members shall be removable for cause by the City Council upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Matter relating to the powers and duties of the Board shall be as provided by statute and the terms of this chapter.

PURPOSE. It shall be the purpose of the Board of Adjustment:

A.
To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Development Services Department in the enforcement of this Code of Ordinances;
B.
To hear and decide only such other special use permits and variances as the Board of Adjustment is specifically authorized to pass on by the terms of this Code of Ordinances;
C.
To decide such questions as are involved in determining whether special use permits or variances should be granted; and
D.
To grant special use permits or variances with such conditions and safeguards as are appropriate under this Code of Ordinances, or to deny special use permits and variances when not in harmony with the purpose and intent of this Code of Ordinances

MEETING PROCEDURES.

A.
Meetings. Meetings of the Board of Adjustment shall be held at the call of the chairperson, and at such other times as the Board of Adjustment may determine.
B.
Meeting Procedures and Requirements. Such chairperson, or in the absence of the chairperson the acting chairperson, may administer oaths and compel the attendance of witnesses by subpoena. All meetings of the Board of Adjustment and hearings shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the Development Services Department and shall be a public record. The presence of three (3) members shall be necessary to constitute a quorum.

APPEALS. Appeals to the Board of Adjustment may be taken by a person aggrieved or by any official, department, and board of the City affected by any decision of the Development Services Department. Such appeal shall be taken within ten (10) days of the rendered decision, by filing application request on forms provided by the Development Services Department. Additionally, the application must be accompanied with the appropriate fees in an amount determined by resolution of the Council from time to time. An appeal stays all proceedings in furtherance of the action appealed from, unless the Development Services Department certifies to the Board of Adjustment that by reason of material facts stated in a certificate that a stay would cause imminent peril to life or property. In such case, proceedings shall not be stayed unless either the Board of Adjustment or a court of record issues a restraining order on application on notice to the Development Services Director from whom the appeal is taken and on due cause shown.

HEARING NOTICE. If a Grimes property is the subject of consideration by the Board of Adjustment, the Development Services Department shall notify all property owners within two hundred fifty (250) feet of the subject property, exclusive of intervening right of way. Notice shall be sent not less than seven (7) days and not more than twenty (20) days before the Board of Adjustment meeting. The written notice shall in the format established by the Development Services Department and be sent by first class mail. The written notice shall contain date, time, location, and subject of the Board of Adjustment meeting.

SPECIAL USE PERMIT.

A.
Board Review and Determination. The Board of Adjustment shall review any special use permit to determine the conformity of the proposed building or use with the standards of the Comprehensive Plan and recognized principles of land use planning. The Board of Adjustment may approve the special use permit as submitted, or before approval, may require that the applicant modify, alter, adjust, or amend the proposal as the Board of Adjustment deems necessary to preserve the intent and purpose of the Code of Ordinances in order to promote the health, safety, and general welfare of the community.
B.
Uses Requiring a Special Use Permit. The following uses, in addition to any stated elsewhere in the Code of Ordinances, shall require a special use permit:
1. 1.
  Any public building erected and used by a department of the City, Township, County, State or Federal government.
2. 2.
  Airports or landing fields.
3. 3.
  Community buildings.
4. 4.
  Hospitals, nonprofit fraternal institutions, provided they are used solely for fraternal purposes, and institutions of an educational, religious, philanthropic or eleemosynary character.
5. 5.
  Public or private cemeteries, including mausoleums.
6. 6.
  Water and wastewater treatment facilities.
7. 7.
  Electrical and natural gas regulating facilities.
C.
Special Use Permit Requirements. A special use permit shall not be granted by the Board of Adjustment unless and until:
1. 1.
  A written application, on forms provided by the Development Services Department, is submitted, indicating the section of this Code of Ordinances under which the special exception is sought and stating the grounds on which it is requested.
2. 2.
  Notice of public hearing shall be given at least seven (7) and not more than twenty (20) days in advance of public hearing. Notice of public hearing shall occur in the same manner as required by law for variances.
3. 3.
  The Board of Adjustment shall look specifically upon the following criteria in granting or denying a special use permit, plus any additional criteria the Board finds necessary to protect the public health, safety, and general welfare in accordance with the intent of this Code of Ordinances:
  1. a.
    The proposed location, design, construction and operation of the particular use adequately safeguards the health, safety, and general welfare of persons residing or working in adjoining or surrounding property;
  2. b.
    The use is in conformity with the Comprehensive Plan, and any other applicable City ordinances or regulations. Furthermore, the authorized use will not impede the normal and orderly development and improvement of the surrounding property as envisioned in the Comprehensive Plan;
  3. c.
    The use shall be compatible with the neighborhood and surrounding use of land by its construction, architecture, and site improvements;
  4. d.
    The use will not unduly burden public utilities, increase congestion in the streets or impact the ability to adequately safeguard the public of danger of fire and emergencies;
  5. e.
    The use will not impair an adequate supply of light and air to surrounding property; and
  6. f.
    The use will not diminish or impair established property values in adjoining or surrounding property.
D.
Conditions and Safeguards. In granting any special use permit, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Code of Ordinances. Violation of such conditions and safeguards, when made a part of the terms under which the special use permit is granted, shall be deemed a violation of this Code of Ordinances and punishable under Section 12-1-3 of this chapter.
E.
Planning and Zoning Site Plan Review. Following any approval of the special use permit, the Planning and Zoning Commission shall review the site plan or site plan amendment as required by this chapter.
F.
Special Use Amendment. In the event a special use permit is granted under the terms of this section, any requested changes to the approved special use permit or site plan shall be resubmitted and considered in the same manner as the original special use permit application.
G.
Modification, Additions or Replacements of Special Use Permit.
1. 1.
  In the event a special use permit is granted for a use, the site shall not be modified or altered for any reason, unless the modifications and alterations are carried out in compliance with all existing and applicable City codes governing the property.
2. 2.
  In the event a special use permit is granted for a use that would otherwise be deemed a legal nonconforming use under this Code of Ordinances, the sections concerning destruction of a nonconforming structure in Sections 12-5-10(2)(E) and 12-5-10(3)(B) shall not serve to terminate the use allowed under the special use permit, provided that such structure is rebuilt or replaced and such use continued within two (2) years after the occurrence of such destruction, and provided further, that the Board of Adjustment may extend such two (2) year deadline for completion of such reconstruction or replacement structure for up to one (1) additional year in the event that such reconstruction or replacement is delayed due to any acts of God, strikes, shortage of materials, delay in delivery of materials, delay in receiving governmental permits, damage or destruction to the structure during such reconstruction, civil unrest, war or moratoriums on construction imposed by any governmental body, or other actions beyond the reasonable control of the property owner.

ZONING VARIANCES.

A.
Application Requirements. An application for variance from the terms and requirements of the zoning ordinances may be granted by the Board of Adjustment owing to special conditions, and so that the spirit of this Code of Ordinances shall be observed and substantial justice done. No nonconforming use of neighboring lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.
B.
Conditions for Granting Variances. Variances shall only be granted by the Board of Adjustment upon finding:
1. 1.
  A showing of good and sufficient cause; and
2. 2.
  A determination that a literal enforcement of the ordinance would result in a substantial hardship to the applicant; and
3. 3.
  A determination that the hardship is not self-imposed; and
4. 4.
  A determination that the granting of the variance will not be contrary to the public interest or neighborhood integrity; and
5. 5.
  A determination that the granting of a variance is the minimum necessary to afford relief from this Code of Ordinances while preserving the spirit of the zoning ordinance.
C.
Variance Conditions and Safeguards. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Code of Ordinances. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Code of Ordinances and punishable under Section 12-1-3 of the Grimes Code of Ordinances.
D.
Resubmittal after Changes. In the event a variance is granted under the terms of this Code of Ordinances, any changes thereafter in the approved use or site plan shall be resubmitted and considered in the same manner as the original proposal. Before granting a variance, the Board of Adjustment shall make findings that the applicant has met the requirements of this Code of Ordinances, and the Board of Adjustment shall further find that the reasons set forth in the application justify the granting of a variance. The burden shall be upon those seeking the variance to establish their entitlement to the requested variance.

APPEALS FROM DEVELOPMENT SERVICES DECISION.

A.
Decision Review. The Board of Adjustment shall review appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Development Services Director in the administration and enforcement of this Code of Ordinances. The Board of Adjustment may reverse or affirm, wholly or partly, or may modify the Development Services Director's order, requirement, decision, or determination, and may make such order, requirement, decision, or determination that should have been made pursuant to this Code of Ordinances, and to that end, shall have powers of the Development Services Department from whom the appeal is taken.
B.
Vote of Members. The concurring vote of three (3) members of the Board of Adjustment shall be necessary to reverse any order requirement, decision, or determination of the Development Services Department, or to decide in favor of the applicant on any matter upon which it is required to pass under this Code of Ordinances, or to grant any special use permit or variance.
C.
Written Testimony or Evidence. Every decision granted or denied by the Board of Adjustment shall be supported by a written testimony or evidence submitted in connection therewith.
D.
Denial of Application. If any application has been denied by the Board of Adjustment, then no new application for the same relief shall be considered by the Board of Adjustment for at least one (1) year unless the board shall find that material conditions have changed.

WRIT OF CERTIORARI.
Any person or persons, any officer, department, or board of the City severally aggrieved by any decision of the Board of Adjustment may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Board of Adjustment. The court may reverse or affirm, wholly or in part, or may modify the decision brought up for review.

10.

EXPIRATION.

A.
Special use permits and variances requiring authorization of site or construction approvals shall expire and terminate one hundred eighty (180) days after the date of the granting unless a building permit has been issued for the construction authorized by such special use permit or variance.
B.
Special use permits or variances not requiring authorization of site of construction approvals shall expire and terminate sixty (60) days after the date of granting of such special use permit or variance unless a certificate of zoning compliance has been issued for such authorized use.
C.
The Board of Adjustment may, upon written request of the affected person filed prior to permit expiration, extend the time for the issuance of a building permit or certificate of zoning compliance for sixty (60) days.
D.
In the event the building permit for the construction authorized by a special use permit or variance is canceled by the Development Services Department, such special use permit or variance shall immediately expire and terminate.
E.
All special use permits and variances granted prior to the adoption of this chapter (September 10, 2019) and not acted upon shall expire and terminate in one hundred eighty (180) days. “Acted upon” shall mean obtaining site plan approval or building permit approval.

Effective on: 1/1/1901

Grimes City Zoning Code

12-2 Board

of Adjustment

12-2-1 Board of Adjustment:

PURPOSE. It shall be the purpose of the Board of Adjustment:

A.
To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Development Services Department in the enforcement of this Code of Ordinances;
B.
To hear and decide only such other special use permits and variances as the Board of Adjustment is specifically authorized to pass on by the terms of this Code of Ordinances;
C.
To decide such questions as are involved in determining whether special use permits or variances should be granted; and
D.
To grant special use permits or variances with such conditions and safeguards as are appropriate under this Code of Ordinances, or to deny special use permits and variances when not in harmony with the purpose and intent of this Code of Ordinances

MEETING PROCEDURES.

A.
Meetings. Meetings of the Board of Adjustment shall be held at the call of the chairperson, and at such other times as the Board of Adjustment may determine.
B.
Meeting Procedures and Requirements. Such chairperson, or in the absence of the chairperson the acting chairperson, may administer oaths and compel the attendance of witnesses by subpoena. All meetings of the Board of Adjustment and hearings shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the Development Services Department and shall be a public record. The presence of three (3) members shall be necessary to constitute a quorum.

SPECIAL USE PERMIT.

A.
Board Review and Determination. The Board of Adjustment shall review any special use permit to determine the conformity of the proposed building or use with the standards of the Comprehensive Plan and recognized principles of land use planning. The Board of Adjustment may approve the special use permit as submitted, or before approval, may require that the applicant modify, alter, adjust, or amend the proposal as the Board of Adjustment deems necessary to preserve the intent and purpose of the Code of Ordinances in order to promote the health, safety, and general welfare of the community.
B.
Uses Requiring a Special Use Permit. The following uses, in addition to any stated elsewhere in the Code of Ordinances, shall require a special use permit:
1. 1.
  Any public building erected and used by a department of the City, Township, County, State or Federal government.
2. 2.
  Airports or landing fields.
3. 3.
  Community buildings.
4. 4.
  Hospitals, nonprofit fraternal institutions, provided they are used solely for fraternal purposes, and institutions of an educational, religious, philanthropic or eleemosynary character.
5. 5.
  Public or private cemeteries, including mausoleums.
6. 6.
  Water and wastewater treatment facilities.
7. 7.
  Electrical and natural gas regulating facilities.
C.
Special Use Permit Requirements. A special use permit shall not be granted by the Board of Adjustment unless and until:
1. 1.
  A written application, on forms provided by the Development Services Department, is submitted, indicating the section of this Code of Ordinances under which the special exception is sought and stating the grounds on which it is requested.
2. 2.
  Notice of public hearing shall be given at least seven (7) and not more than twenty (20) days in advance of public hearing. Notice of public hearing shall occur in the same manner as required by law for variances.
3. 3.
  The Board of Adjustment shall look specifically upon the following criteria in granting or denying a special use permit, plus any additional criteria the Board finds necessary to protect the public health, safety, and general welfare in accordance with the intent of this Code of Ordinances:
  1. a.
    The proposed location, design, construction and operation of the particular use adequately safeguards the health, safety, and general welfare of persons residing or working in adjoining or surrounding property;
  2. b.
    The use is in conformity with the Comprehensive Plan, and any other applicable City ordinances or regulations. Furthermore, the authorized use will not impede the normal and orderly development and improvement of the surrounding property as envisioned in the Comprehensive Plan;
  3. c.
    The use shall be compatible with the neighborhood and surrounding use of land by its construction, architecture, and site improvements;
  4. d.
    The use will not unduly burden public utilities, increase congestion in the streets or impact the ability to adequately safeguard the public of danger of fire and emergencies;
  5. e.
    The use will not impair an adequate supply of light and air to surrounding property; and
  6. f.
    The use will not diminish or impair established property values in adjoining or surrounding property.
D.
Conditions and Safeguards. In granting any special use permit, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Code of Ordinances. Violation of such conditions and safeguards, when made a part of the terms under which the special use permit is granted, shall be deemed a violation of this Code of Ordinances and punishable under Section 12-1-3 of this chapter.
E.
Planning and Zoning Site Plan Review. Following any approval of the special use permit, the Planning and Zoning Commission shall review the site plan or site plan amendment as required by this chapter.
F.
Special Use Amendment. In the event a special use permit is granted under the terms of this section, any requested changes to the approved special use permit or site plan shall be resubmitted and considered in the same manner as the original special use permit application.
G.
Modification, Additions or Replacements of Special Use Permit.
1. 1.
  In the event a special use permit is granted for a use, the site shall not be modified or altered for any reason, unless the modifications and alterations are carried out in compliance with all existing and applicable City codes governing the property.
2. 2.
  In the event a special use permit is granted for a use that would otherwise be deemed a legal nonconforming use under this Code of Ordinances, the sections concerning destruction of a nonconforming structure in Sections 12-5-10(2)(E) and 12-5-10(3)(B) shall not serve to terminate the use allowed under the special use permit, provided that such structure is rebuilt or replaced and such use continued within two (2) years after the occurrence of such destruction, and provided further, that the Board of Adjustment may extend such two (2) year deadline for completion of such reconstruction or replacement structure for up to one (1) additional year in the event that such reconstruction or replacement is delayed due to any acts of God, strikes, shortage of materials, delay in delivery of materials, delay in receiving governmental permits, damage or destruction to the structure during such reconstruction, civil unrest, war or moratoriums on construction imposed by any governmental body, or other actions beyond the reasonable control of the property owner.

ZONING VARIANCES.

A.
Application Requirements. An application for variance from the terms and requirements of the zoning ordinances may be granted by the Board of Adjustment owing to special conditions, and so that the spirit of this Code of Ordinances shall be observed and substantial justice done. No nonconforming use of neighboring lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.
B.
Conditions for Granting Variances. Variances shall only be granted by the Board of Adjustment upon finding:
1. 1.
  A showing of good and sufficient cause; and
2. 2.
  A determination that a literal enforcement of the ordinance would result in a substantial hardship to the applicant; and
3. 3.
  A determination that the hardship is not self-imposed; and
4. 4.
  A determination that the granting of the variance will not be contrary to the public interest or neighborhood integrity; and
5. 5.
  A determination that the granting of a variance is the minimum necessary to afford relief from this Code of Ordinances while preserving the spirit of the zoning ordinance.
C.
Variance Conditions and Safeguards. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Code of Ordinances. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Code of Ordinances and punishable under Section 12-1-3 of the Grimes Code of Ordinances.
D.
Resubmittal after Changes. In the event a variance is granted under the terms of this Code of Ordinances, any changes thereafter in the approved use or site plan shall be resubmitted and considered in the same manner as the original proposal. Before granting a variance, the Board of Adjustment shall make findings that the applicant has met the requirements of this Code of Ordinances, and the Board of Adjustment shall further find that the reasons set forth in the application justify the granting of a variance. The burden shall be upon those seeking the variance to establish their entitlement to the requested variance.

APPEALS FROM DEVELOPMENT SERVICES DECISION.

A.
Decision Review. The Board of Adjustment shall review appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Development Services Director in the administration and enforcement of this Code of Ordinances. The Board of Adjustment may reverse or affirm, wholly or partly, or may modify the Development Services Director's order, requirement, decision, or determination, and may make such order, requirement, decision, or determination that should have been made pursuant to this Code of Ordinances, and to that end, shall have powers of the Development Services Department from whom the appeal is taken.
B.
Vote of Members. The concurring vote of three (3) members of the Board of Adjustment shall be necessary to reverse any order requirement, decision, or determination of the Development Services Department, or to decide in favor of the applicant on any matter upon which it is required to pass under this Code of Ordinances, or to grant any special use permit or variance.
C.
Written Testimony or Evidence. Every decision granted or denied by the Board of Adjustment shall be supported by a written testimony or evidence submitted in connection therewith.
D.
Denial of Application. If any application has been denied by the Board of Adjustment, then no new application for the same relief shall be considered by the Board of Adjustment for at least one (1) year unless the board shall find that material conditions have changed.

10.

EXPIRATION.

A.
Special use permits and variances requiring authorization of site or construction approvals shall expire and terminate one hundred eighty (180) days after the date of the granting unless a building permit has been issued for the construction authorized by such special use permit or variance.
B.
Special use permits or variances not requiring authorization of site of construction approvals shall expire and terminate sixty (60) days after the date of granting of such special use permit or variance unless a certificate of zoning compliance has been issued for such authorized use.
C.
The Board of Adjustment may, upon written request of the affected person filed prior to permit expiration, extend the time for the issuance of a building permit or certificate of zoning compliance for sixty (60) days.
D.
In the event the building permit for the construction authorized by a special use permit or variance is canceled by the Development Services Department, such special use permit or variance shall immediately expire and terminate.
E.
All special use permits and variances granted prior to the adoption of this chapter (September 10, 2019) and not acted upon shall expire and terminate in one hundred eighty (180) days. “Acted upon” shall mean obtaining site plan approval or building permit approval.

Effective on: 1/1/1901

Grimes City Zoning Code

12-2 Board

of Adjustment

12-2-1 Board of Adjustment:

PURPOSE. It shall be the purpose of the Board of Adjustment:

A.
To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Development Services Department in the enforcement of this Code of Ordinances;
B.
To hear and decide only such other special use permits and variances as the Board of Adjustment is specifically authorized to pass on by the terms of this Code of Ordinances;
C.
To decide such questions as are involved in determining whether special use permits or variances should be granted; and
D.
To grant special use permits or variances with such conditions and safeguards as are appropriate under this Code of Ordinances, or to deny special use permits and variances when not in harmony with the purpose and intent of this Code of Ordinances

MEETING PROCEDURES.

A.
Meetings. Meetings of the Board of Adjustment shall be held at the call of the chairperson, and at such other times as the Board of Adjustment may determine.
B.
Meeting Procedures and Requirements. Such chairperson, or in the absence of the chairperson the acting chairperson, may administer oaths and compel the attendance of witnesses by subpoena. All meetings of the Board of Adjustment and hearings shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the Development Services Department and shall be a public record. The presence of three (3) members shall be necessary to constitute a quorum.

SPECIAL USE PERMIT.

A.
Board Review and Determination. The Board of Adjustment shall review any special use permit to determine the conformity of the proposed building or use with the standards of the Comprehensive Plan and recognized principles of land use planning. The Board of Adjustment may approve the special use permit as submitted, or before approval, may require that the applicant modify, alter, adjust, or amend the proposal as the Board of Adjustment deems necessary to preserve the intent and purpose of the Code of Ordinances in order to promote the health, safety, and general welfare of the community.
B.
Uses Requiring a Special Use Permit. The following uses, in addition to any stated elsewhere in the Code of Ordinances, shall require a special use permit:
1. 1.
  Any public building erected and used by a department of the City, Township, County, State or Federal government.
2. 2.
  Airports or landing fields.
3. 3.
  Community buildings.
4. 4.
  Hospitals, nonprofit fraternal institutions, provided they are used solely for fraternal purposes, and institutions of an educational, religious, philanthropic or eleemosynary character.
5. 5.
  Public or private cemeteries, including mausoleums.
6. 6.
  Water and wastewater treatment facilities.
7. 7.
  Electrical and natural gas regulating facilities.
C.
Special Use Permit Requirements. A special use permit shall not be granted by the Board of Adjustment unless and until:
1. 1.
  A written application, on forms provided by the Development Services Department, is submitted, indicating the section of this Code of Ordinances under which the special exception is sought and stating the grounds on which it is requested.
2. 2.
  Notice of public hearing shall be given at least seven (7) and not more than twenty (20) days in advance of public hearing. Notice of public hearing shall occur in the same manner as required by law for variances.
3. 3.
  The Board of Adjustment shall look specifically upon the following criteria in granting or denying a special use permit, plus any additional criteria the Board finds necessary to protect the public health, safety, and general welfare in accordance with the intent of this Code of Ordinances:
  1. a.
    The proposed location, design, construction and operation of the particular use adequately safeguards the health, safety, and general welfare of persons residing or working in adjoining or surrounding property;
  2. b.
    The use is in conformity with the Comprehensive Plan, and any other applicable City ordinances or regulations. Furthermore, the authorized use will not impede the normal and orderly development and improvement of the surrounding property as envisioned in the Comprehensive Plan;
  3. c.
    The use shall be compatible with the neighborhood and surrounding use of land by its construction, architecture, and site improvements;
  4. d.
    The use will not unduly burden public utilities, increase congestion in the streets or impact the ability to adequately safeguard the public of danger of fire and emergencies;
  5. e.
    The use will not impair an adequate supply of light and air to surrounding property; and
  6. f.
    The use will not diminish or impair established property values in adjoining or surrounding property.
D.
Conditions and Safeguards. In granting any special use permit, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Code of Ordinances. Violation of such conditions and safeguards, when made a part of the terms under which the special use permit is granted, shall be deemed a violation of this Code of Ordinances and punishable under Section 12-1-3 of this chapter.
E.
Planning and Zoning Site Plan Review. Following any approval of the special use permit, the Planning and Zoning Commission shall review the site plan or site plan amendment as required by this chapter.
F.
Special Use Amendment. In the event a special use permit is granted under the terms of this section, any requested changes to the approved special use permit or site plan shall be resubmitted and considered in the same manner as the original special use permit application.
G.
Modification, Additions or Replacements of Special Use Permit.
1. 1.
  In the event a special use permit is granted for a use, the site shall not be modified or altered for any reason, unless the modifications and alterations are carried out in compliance with all existing and applicable City codes governing the property.
2. 2.
  In the event a special use permit is granted for a use that would otherwise be deemed a legal nonconforming use under this Code of Ordinances, the sections concerning destruction of a nonconforming structure in Sections 12-5-10(2)(E) and 12-5-10(3)(B) shall not serve to terminate the use allowed under the special use permit, provided that such structure is rebuilt or replaced and such use continued within two (2) years after the occurrence of such destruction, and provided further, that the Board of Adjustment may extend such two (2) year deadline for completion of such reconstruction or replacement structure for up to one (1) additional year in the event that such reconstruction or replacement is delayed due to any acts of God, strikes, shortage of materials, delay in delivery of materials, delay in receiving governmental permits, damage or destruction to the structure during such reconstruction, civil unrest, war or moratoriums on construction imposed by any governmental body, or other actions beyond the reasonable control of the property owner.

ZONING VARIANCES.

A.
Application Requirements. An application for variance from the terms and requirements of the zoning ordinances may be granted by the Board of Adjustment owing to special conditions, and so that the spirit of this Code of Ordinances shall be observed and substantial justice done. No nonconforming use of neighboring lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.
B.
Conditions for Granting Variances. Variances shall only be granted by the Board of Adjustment upon finding:
1. 1.
  A showing of good and sufficient cause; and
2. 2.
  A determination that a literal enforcement of the ordinance would result in a substantial hardship to the applicant; and
3. 3.
  A determination that the hardship is not self-imposed; and
4. 4.
  A determination that the granting of the variance will not be contrary to the public interest or neighborhood integrity; and
5. 5.
  A determination that the granting of a variance is the minimum necessary to afford relief from this Code of Ordinances while preserving the spirit of the zoning ordinance.
C.
Variance Conditions and Safeguards. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Code of Ordinances. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this Code of Ordinances and punishable under Section 12-1-3 of the Grimes Code of Ordinances.
D.
Resubmittal after Changes. In the event a variance is granted under the terms of this Code of Ordinances, any changes thereafter in the approved use or site plan shall be resubmitted and considered in the same manner as the original proposal. Before granting a variance, the Board of Adjustment shall make findings that the applicant has met the requirements of this Code of Ordinances, and the Board of Adjustment shall further find that the reasons set forth in the application justify the granting of a variance. The burden shall be upon those seeking the variance to establish their entitlement to the requested variance.

APPEALS FROM DEVELOPMENT SERVICES DECISION.

A.
Decision Review. The Board of Adjustment shall review appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Development Services Director in the administration and enforcement of this Code of Ordinances. The Board of Adjustment may reverse or affirm, wholly or partly, or may modify the Development Services Director's order, requirement, decision, or determination, and may make such order, requirement, decision, or determination that should have been made pursuant to this Code of Ordinances, and to that end, shall have powers of the Development Services Department from whom the appeal is taken.
B.
Vote of Members. The concurring vote of three (3) members of the Board of Adjustment shall be necessary to reverse any order requirement, decision, or determination of the Development Services Department, or to decide in favor of the applicant on any matter upon which it is required to pass under this Code of Ordinances, or to grant any special use permit or variance.
C.
Written Testimony or Evidence. Every decision granted or denied by the Board of Adjustment shall be supported by a written testimony or evidence submitted in connection therewith.
D.
Denial of Application. If any application has been denied by the Board of Adjustment, then no new application for the same relief shall be considered by the Board of Adjustment for at least one (1) year unless the board shall find that material conditions have changed.

10.

EXPIRATION.

A.
Special use permits and variances requiring authorization of site or construction approvals shall expire and terminate one hundred eighty (180) days after the date of the granting unless a building permit has been issued for the construction authorized by such special use permit or variance.
B.
Special use permits or variances not requiring authorization of site of construction approvals shall expire and terminate sixty (60) days after the date of granting of such special use permit or variance unless a certificate of zoning compliance has been issued for such authorized use.
C.
The Board of Adjustment may, upon written request of the affected person filed prior to permit expiration, extend the time for the issuance of a building permit or certificate of zoning compliance for sixty (60) days.
D.
In the event the building permit for the construction authorized by a special use permit or variance is canceled by the Development Services Department, such special use permit or variance shall immediately expire and terminate.
E.
All special use permits and variances granted prior to the adoption of this chapter (September 10, 2019) and not acted upon shall expire and terminate in one hundred eighty (180) days. “Acted upon” shall mean obtaining site plan approval or building permit approval.

Effective on: 1/1/1901