(a)

An appeal from any final order or decision of the administrator may be taken to the L.P.A. by any person aggrieved. An appeal is taken by filing with the administrator and the L.P.A. a written notice of appeal specifying the grounds therefor. A notice of appeal shall be considered filed with the administrator and the L.P.A. when delivered to the city, and the date and time of filing shall be entered on the notice.

(b)

An appeal must be taken within 30 days after the date of the decision or order appealed from.

(c)

Whenever an appeal is filed, the administrator shall forthwith transmit to the L.P.A. all the papers constituting the record relating to the action appealed from.

(d)

An appeal stays all actions by the administrator seeking enforcement of or compliance with the order or decision appealed from, unless the administrator certifies to the L.P.A. that (because of facts stated in the certificate) a stay would, in his opinion, cause imminent peril to life or property. In that case, proceedings shall not be stayed except by order of the L.P.A. or a court, issued on application of the party seeking the stay, for due cause shown, after notice to the administrator.

(e)

The L.P.A. may reverse or affirm (wholly or partly) or may modify the order, requirement, decision or determination appealed from and shall make any order, requirement, decision or determination that in its opinion ought to be made in the case before it. To this end, the L.P.A. shall have all the powers of the officer from whom the appeal is taken.

(a)

An application for a variance shall be submitted to the L.P.A. by filing the application and applicable fee with the Administrator.

(b)

A variance for activities subject to Appendix V. Floodplain regulations may be granted by the L.P.A. pursuant to the requirements of Article V.

(c)

A variance for activities not subject to Appendix V. Floodplain regulations may be granted by the L.P.A. if it concludes that strict enforcement of the ordinance would result in practical difficulties or unnecessary hardships for the applicant and that, by granting the variance, the spirit of the ordinance will be observed, public safety and welfare secured and substantial justice done. It may reach these conclusions if it finds that:

(1)

If the applicant complies strictly with the provisions of the ordinance, he can make no reasonable use of his property or is deprived of any rights that others in the same district are allowed.

(2)

The hardship of which the applicant complains is one suffered only by the applicant rather than by neighbors or the general public,

(3)

The hardship relates to the applicant's land, rather than personal circumstances (i.e. extraordinary and exceptional conditions pertaining to size, shape or topography),

(4)

The hardship is unique, or nearly so, rather than one shared by many surrounding properties,

(5)

The hardship is not the result of the applicant's own actions, and

(6)

The variance requested is the minimum variance that will make reasonable use of the land, building, or structure and will neither result in the extension of a nonconforming situation in violation of Article VIII nor authorize the initiation of a nonconforming land use.

(d)

In granting variances, the L.P.A. may impose such reasonable conditions as will ensure that the use of the property to which the variance applies will be as compatible as practicable with the surrounding properties.

(e)

A variance may be issued for an indefinite duration or for a specified duration.

(f)

No variance may be granted for any use of land or building or structure that is prohibited by this Code.

(g)

The nature of the variance and any conditions attached to it shall be entered on the face of the zoning permit, or the zoning permit may simply note the issuance of the variance and refer to the written record of the variance for further information. All such conditions are enforceable in the same manner as any other applicable requirement of this chapter.

(h)

In cases in which a variance is requested after a nonconforming situation has been created, the L.P.A. may also impose an additional administrative fee, not to exceed $500.00.

(Ord. No. 2014-537, § 4, 3-6-14)

(a)

The L.P.A. is authorized to interpret the range of permissible uses within any zoning district and the district boundaries as shown on the zoning map and to pass upon disputed questions of lot lines or district boundary lines and similar questions. If such questions arise in the context of an appeal from a decision of the administrator, they shall be handled as provided in Section 17-64.

(b)

An application for an interpretation shall be submitted to the L.P.A. by filing an application with the administrator. The application shall contain sufficient information to enable the L.P.A. to make the necessary interpretation.

(c)

Where uncertainty exists as to the boundaries of the districts as shown on the official zoning map, the following guidelines shall apply:

(1)

Boundaries indicated as approximately following the centerlines of alleys, streets, highways, streams or railroads shall be construed to follow such centerlines.

(2)

Boundaries indicated as approximately following lot lines, city limits or extra territorial boundary lines shall be construed as following such lines, limits or boundaries.

(3)

Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of changes in the shoreline shall be construed as following such changes.

(4)

Where a district boundary divides a lot or where distances are not specifically indicated on the official zoning map, the boundary shall -be determined by measurement using the scale of the official zoning map.

(5)

Where any street or alley is officially vacated or abandoned, the regulations applicable to each parcel of abutting property shall apply to the portion of such street or alley added by virtue of such vacation or abandonment.

(d)

Interpretations of the location of floodway and flood-plain boundary lines may be made by the administrator as provided in Section 17-158.

The L.P.A. shall hear and decide all appeals, variance requests and requests for interpretations as expeditiously as possible, consistent with the need to follow regularly established agenda procedures, provide notice in accordance with Article VI and obtain the necessary information to make sound decisions.

(a)

When an appeal is taken to the L.P.A. in accordance with Section 17-64, the administrator shall have the initial burden of presenting to the L.P.A. sufficient evidence and argument to justify the order or decision appealed from. The burden of presenting evidence and argument to the contrary then shifts to the appellant, who shall also have the burden of persuasion.

(b)

The burden of presenting evidence sufficient to allow the L.P.A. to reach the conclusions set forth in Section 17-65(b), as well as the burden of persuasion on those issues, remains with the applicant seeking the variance.

The applicant may appeal to the city council any L.P.A. action except appeals of variance actions governed by Appendix V. Floodplain regulations which actions may be appealed to circuit court.

(Ord. No. 2014-537, § 5, 3-6-14)