See division 1.1.5 of the Unified Development Code, which is incorporated herein in full by reference.

(Ord. No. 2020-41, § 3, 12-21-2020; Ord. No. 2021-06, § 3, 1-25-2021)

See division 1.1.5 of the Unified Development Code, which is incorporated herein in full by reference.

(Ord. No. 2020-41, § 3, 12-21-2020; Ord. No. 2021-06, § 3, 1-25-2021)

See division 1.1.5 of the Unified Development Code, which is incorporated herein in full by reference.

(Ord. No. 2020-41, § 3, 12-21-2020; Ord. No. 2021-06, § 3, 1-25-2021)

See division 1.1.5 of the Unified Development Code, which is incorporated herein in full by reference.

(Ord. No. 2020-41, § 3, 12-21-2020; Ord. No. 2021-06, § 3, 1-25-2021)

The board shall keep minutes of its proceedings, showing the vote of each member upon each question, and shall keep records of its examinations and other official actions, all of which shall be filed immediately with the city secretary and shall be a public record. The board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this ordinance, and shall furnish a copy of the same to the zoning administrator. All of its resolutions and orders shall be in accordance therewith.

The board of adjustment shall have the authority to grant relief in the form of variances, special exceptions, and appeals to the provisions of this ordinance, subject to the standards established herein.

(a)

Variances. The board of adjustment shall have the authority to grant variances from the technical requirements of this ordinance, such as, for example but not by way of limitation, those relating to height, yard, and area regulations, if:

(1)

A variance is necessary to allow the reasonable use of a particular parcel of land that is restricted by attributes inherent in the land such as, for example, its area or shape and, when applying the standards of this ordinance, it cannot otherwise be appropriately or reasonably used;

(2)

The granting of a variance will not be materially detrimental or injurious to other property or improvements in the neighborhood in which the subject property is located, nor impair an adequate supply of light or air to adjacent property, nor substantially increase the congestion in the public streets, nor increase the danger of fire, or in any way endanger the public health, safety and well-being of the neighborhood in which the subject property is located;

(3)

The literal of (sic) enforcement of this ordinance would create an undue hardship;

(4)

The need for the variance is not self-imposed by the applicant; and

(5)

The granting of the variance would not be injurious to the public health, safety, and welfare not be contrary to the purpose and intent of this ordinance.

The board may establish and impose appropriate conditions to the granting of a variance to safeguard the character of the area and to protect adjacent property owners, which conditions shall be expressed in the written order of the board relating thereto. Violation of any such condition shall be deemed a violation of this ordinance.

The board shall not be authorized to consider or grant a variance to allow a use not permitted in the district in which the applicable property is located, nor to change the zoning district designation of any land.

(b)

Special exceptions. The board of adjustment shall have the authority to grant special exceptions when required to do so under this ordinance.

(c)

Administrative review. The board of adjustment shall have the authority to hear and decide appeals where it is alleged there is error in any order, requirements, decision, or determination made by the zoning administrator in the interpretation or enforcement of this ordinance. Appeals may be taken to and before the board by any person aggrieved, or by any officer, department, or bureau of the city.

In exercising its authority under this ordinance, the board may reverse or affirm, in whole or in part, or modify an order, requirements, decision, or determination of the zoning administrator, and for that purpose the board shall have the same authority as the zoning administrator. The concurring vote of four members shall be necessary to:

(a)

Reverse an order, requirement, decision, or determination of the zoning administrator;

(b)

Decide in favor of an applicant on a matter on which the board is required to pass under this ordinance; or

(c)

Authorize a variance or special exception from the terms of this ordinance.

An application for variance, special exception, or appeal shall be prepared in the prescribed form, to be furnished by the zoning administrator, and filed with the city secretary and with the zoning administrator. To apply for a variance or special exception under the provisions of this ordinance, the applicant must be an owner of the property to be affected by the variance or must have a contractual interest in the property to be affected by the variance or special exception.

Each application shall be accompanied by a nonrefundable application fee, in such amounts as may be established from time to time by city council, to defray the costs of processing such application and conducting necessary hearings relating thereto.

Appeals shall be filed within 30 days of the decision, determination, or interpretation which is the subject of the appeal. Failure to file as required herein shall constitute a waiver of any rights under this ordinance to appeal any such decision, interpretation, or determination. Upon the filing of an application on an appeal the zoning administrator shall transmit to the board of adjustment all of the papers constituting the record upon which the action appealed from was taken. Filing a notice of appeal shall stay any proceedings in furtherance of the action appealed.

(a)

Notice of hearing. The board shall fix a reasonable time for required hearings on all matters referred to it and, more than ten days prior to the date set for the hearing, shall mail notices of such hearing to the petitioner and to the owners of property lying within 200 feet of any point of the lot or portion thereof on which a variance is required, as listed in the most current tax rolls of the city.

(b)

Subpoena of witnesses. The board shall have the power to subpoena witnesses, administer oaths, and punish for contempt, and may require the production of documents, under such regulations as it may establish.

(c)

Decision by board. The board shall decide all matters within a reasonable time. The board may wholly or partly reverse or affirm, or wholly or partly modify the order, requirements, decisions, or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the officer from whom the appeal is taken.

(d)

Successive applications. No application for a variance, special exception or appeal which has been denied shall be again filed earlier than six months from the date that said application was denied.