FINAL ORDINANCE NO. 08-085 - Laserfiche WebLink

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2. Variances. The Board of Adjustment shall also have the power to grant variances to the provisions of this chapter under certain conditions. The conditions for the issuance of a variance are as indicated in 5154.109 of this Article. No use variances (uses different than those allowed in the district) shall be issued by the Board of Adjustment. B. Procedures for Appeals. 1. Filing of Appeals. All appeals to the Board of Adjustment shall be in writing and filed with the office of the City Clerk within 14 calendar days of the date of mailing of the notice of the order, requirement, decision or determination from which the appeal is made. 2. Hearings. The Board of Adjustment shall conduct a hearing regarding all appeals in accordance with §1-54. 102.C.7 of this Article. 3. Notice. Written notice of the hearing shall be provided to the parties to the hearing and mailed not less than 14 days prior to the hearing. 4. Orders. The Board shall, within a reasonable time, make its order deciding the matter and shall serve a copy of such order upon the appellant or petitioner by mail. The Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as in its opinion ought to be made. The reasons for the decision of the Board of Adjustment shall be stated in the order. A majority vote of the Board of Adjustment shall be necessary to reverse any decisions of an administrative office of the city or to decide in favor of the applicant. g 154.109 Variances A. In General. The Board of Adjustment shall have the power to grant variances to the provisions of this chapter under the following procedures and standards. 1. A request for a variance from the literal provisions of this chapter may be granted in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration and then only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. All requests for variances shall be reviewed in accordance with the required findings listed in 5154.109.F. B. Use Variances Prohibited. A variance shall not be granted for any use that is not a listed permitted or conditional use under this chapter for property in the zone where the property is located. C. Application Requirements. Variance applications shall be submitted to the Director of Planning on such form and accompanied by such information as required by 5154.10 i .A of this Article and with the submission materials listed in 5"54.101-B of this Article. D. Hearing Requirements. The Planning Commission shall hold a public hearing on each complete application for a variance as provided in 5154.102 of this Article. After the close of the hearing on a proposed variance, the City Planning Commission shall consider findings and shall submit the same together with its recommendation to the Board of Adjustment. E. Board of Adjustment Action. The Board of Adjustment shall receive the recommendation of the Planning Commission and shall take final action on the variance request. All findings and decisions of the Board of Adjustments concerning variances shall be final. F. Required Findings. Any action taken by the Board of Adjustment to approve or deny a variance request shall include the following findings: 1. Practical Difficulties. A variance to the provision of this chapter may be granted by the Board of Adjustment upon the application by the owner of the affected property where the strict enforcement of this chapter would cause practical difficulties because of circumstances unique to the individual property under consideration and then only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. 11