The board of adjustment shall have the authority to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the administrative official in the enforcement of the applicable provisions of the Land Development Regulations. Appeals of this class may be taken by any person aggrieved or by any officer or bureau of the city so affected.

A.

Such appeal shall be taken within 30 days of the order, requirement, decision or determination appealed from, by filing with the administrative official from whom the appeal is taken, and with the board, written notice of appeal specifying the grounds thereof. The appeal shall be in such form as prescribed by the rules of the board. The administrative official from whom the appeal is taken shall, upon notification of the filing of the appeal, forthwith transmit to the board all materials constituting the record upon which the action appealed from was taken.

B.

The board shall fix a reasonable time for a hearing, give the public notice thereof, and decide the same within a reasonable time. At the hearing, any party, except as provided otherwise, may appear in person or by agent or attorney.

C.

Such appeals stay all work on the premises and proceedings in furtherance of the action appealed from, unless the administrative official from whom the appeal is taken certifies to the board that, by reason of facts stated in the certification, a stay would cause imminent peril to life and property. In such case, proceedings or work shall not be stayed other than by a restraining order which may be granted by the board or by a court of record on application, on notice to the administrative official from whom the appeal is taken and on due cause shown.

D.

In exercising the above powers, the board may, so long as such action is in conformity with the terms of the applicable provisions of the Land Development Regulations, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be make and to that end shall have the powers of the administrative official from whom the appeal is taken.

The city commission shall have the authority to hear and decide only such conditional uses as it is specifically authorized to pass on by the terms of the Land Development Regulations; to decide such questions as are involved in determining whether conditional uses should be granted; and to grant conditional uses with such conditions and safeguards as are appropriate under the applicable provisions of the Land Development Regulations, or to deny conditional uses when not in harmony with the purpose and intent of the applicable provisions of the Land Development Regulations.

A conditional use shall not be granted by the city commission unless and until the requirements and conditions listed below have examined and met.

A.

A written application for conditional use is submitted indicating the chapter and section of the Land Development Regulations under which the conditional use is sought and stating the grounds on which it is requested.

B.

The city commission shall make a finding that it is empowered under the applicable provisions of the Land Development Regulations described in the application to grant the conditional use, and that conditional use, and that the granting of the special exception will not adversely affect the public interest not be contrary to the intent and provisions of the comprehensive plan.

C.

Notice shall be given at least 15 days in advance of public hearing. The owner of the property for which the conditional use is sought or his agent shall be notified of the public hearing by mail. Notice of such hearings shall be posted on the property for which a conditional use is sought, at the city hall and in or other public place at least 15 days prior to the public hearing.

D.

A public hearing shall be held. Any party may appear in person, or by agent, or attorney. Before any conditional use shall be issued the city commission shall make written findings that it is empowered under the chapter and section of the applicable provisions of the Land Development Regulations described in the application to grant a conditional use; that granting of the conditional use will not adversely affect the public interest nor be contrary to the intent and provisions of the comprehensive plan; that there is compliance with specific rules governing individual conditional uses of the type involved, that the proposed development, with conditions and safeguards attached, would be generally compatible with adjacent properties and other properties in the district; and that satisfactory provisions and arrangement has been made concerning the below listed conditions where applicable:

1.

Ingress and egress to the property and structures, with particular reference to automotive and pedestrian safety and convenience, traffic flow and access in case of fire or catastrophe;

2.

Off-street parking and loading areas, refuse and service areas, with particular attention to item 20.2.2.E.1., above and to effects on surrounding property;

3.

Utilities, location, availability and compatibility;

4.

Screening and buffering; type, dimensions, and location;

5.

Signs, if any, and proposed lighting;

E.

Required yards and other open space.

F.

Among other conditions and safeguards, the city commission may prescribe reasonable time limits within which actions shall be begun or completed, or both. Violation of any conditions or safeguards, when made part of the terms under which the conditional use is granted, shall be deemed a violation of the Land Development Regulations.

The board of adjustment shall have the authority to authorize upon appeal in specific cases such variance from the terms of the zoning and subdivision chapters of the Land Development Regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the applicable Land Development Regulations would result in unnecessary and undue hardship.

A variance of the terms of the applicable provisions of the Land Development Regulations shall not be granted by the board of adjustment unless and until the requirements and conditions listed below have been examined and met.

A.

A written application for a variance is submitted demonstrating:

1.

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or building in the same district;

2.

That the special conditions and circumstances do not result from the actions of the applicant;

3.

That granting the variance requested will not confer on the applicant any special privilege that is denied by the applicable provisions of the Land Development Regulations to other lands, buildings, or structures in the same district;

4.

That the literal interpretation of the applicable provisions of the Land Development Regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district, under the terms of the zoning and subdivision chapters of the Land Development Regulations, and would work unnecessary and undue hardship on the applicant.

No conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

B.

Notice shall be given at least 15 days in advance of the public hearing. The owner of the property for which the variance is sought or his agent shall be notified of the public hearing by registered mail. Notice of such hearings shall be posted on the property for which a variance is sought, at the city hall and in one other public place at least 15 days prior to the public hearing.

C.

The public hearing shall be held. Any party may appear in person, or by agent or by attorney.

D.

The board of adjustment shall make findings that the requirements of subsection 20.3.2.A., above have been met by the applicant for a variance.

E.

The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.

F.

The board of adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of applicable provisions of the Land Development Regulations, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare nor in conflict with the purpose and intent of the comprehensive plan.

A.

In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with the applicable provisions of the Land Development Regulations, including time limits for beginning and completion of any action involved. 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 the Land Development Regulations and punishable as provided for thereunder.

B.

Under no circumstance shall the board of adjustment grant a variance to allow a use not permissible under the terms of the applicable provisions of the Land Development Regulations in the district involved, or any use expressly, or by implication prohibited by the terms of the applicable provisions of the Land Development Regulations in such district.

C.

Economic hardship, medial conditions, or related circumstances shall not be grounds for issuance of a variance.

D.

A variance shall not be granted for reduction of minimum lot width and for minimum lot area requirements for the district in which such lot or lots are located.

Whenever the board of adjustment has acted on a petition or request for administrative review, or variance, the board shall not then consider any petition or request for substantially the same action for a period of one year from the effective date of previous action on the petition or request.

The concurring vote of four members of the board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of the administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under the applicable provisions of the Land Development Regulations, or to affect any variation in the application of the applicable provisions of the Land Development Regulations.

Any person aggrieved by any decision of the board, or any officer, department, board, commission or bureau of the city, may apply to the circuit court for judicial relief within 30 days after rendition of the decision by the board. The election of remedies, trail de novo, governed by state laws of civil procedure, or application for writ of certiorari, shall be the burden of the applicant.

A.

It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the administrative official, and that such questions shall be presented to the board of adjustment only on appeal from the decision of the administrative official, and that recourse from the decisions of the board of adjustment shall be to the courts as provided by law.

B.

It is further the intent of this chapter that the duties of the city commission in connection with this chapter shall not include the hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this chapter.

The administrative official may approve the proposed infill plan and authorize up to a 25 percent reduction in zoning standards for setbacks, height, parking, buffering, and other related zoning standards.

(Ord. No. 12-1417, § 12, 3-15-2012; Ord. No. 23-2041, § 1(Exh. A), 5-18-2023)