The Zoning Board of Appeals meets on the fourth Wednesday of every month, except December. Meetings are held at 7:00 p.m. in City Hall. Applications for a Variance of Appeal must be in the Zoning office two weeks (no later than 12:00 pm) prior to the meeting date.
The Zoning Board of Appeals may authorize requests in specific cases for a variance from the terms of the Code. The Board shall either approve, approve with supplementary conditions, or disapprove the request for a variance. The Board shall further make a finding in writing that the reasons set forth in the application justify the granting of the variance that will make possible a reasonable use of the land, building, or structure. The Board may further prescribe any conditions and safeguards that it deems necessary to ensure that the objectives of the regulations or provisions to which the variance applies will be met. The fee for an area variance and use variance is $75.
AREA variances require that the applicant demonstrate practical difficulty for the Board to determine if the request complies with the purpose and intent of this Code and evidence demonstrates that the literal enforcement of this Code will result in practical difficulty.
USE variances require the applicant to demonstrate, with clear and convincing evidence, that they will suffer unnecessary hardship if strict compliance with the terms of the Code is required and such hardship must be demonstrated by clear and convincing evidence.
1. Appeals to the Zoning Board of Appeals may be submitted by any person, firm, or corporation, or by any officer, board, or department of the Municipality, deeming himself or itself to be adversely affected by the decision of the Zoning Administrator, or by any administrative officer deciding matters relating to this Code.
2. Submission of an Appeal is done by a letter, submitted to the Zoning Administrator, explaining why a decision is being appealed. The fee for an appeal is $75.
3. Within its powers, the Zoning Board of Appeals may reverse or affirm, wholly or in part, the decision being appealed, and to that end shall have all the powers of the officers from whom the appeal is taken, and it may direct the issuance of a permit. The Board shall render a decision on the appeal without unreasonable delay. If the Board fails to act within 90 days from the date the appeal was received by the Board, or an extended period of time as may be agreed upon, the appellant may determine the appeal has been denied.