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SEEKING BOARD OF ADJUSTMENT MEMBER
By: City of Bondurant
Date Published: Wednesday, March 15, 2017
5 Year Term:
(Ordinance No. 08-217)
27.02 POWERS AND DUTIES. The Board shall have the following powers and duties:
1. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the Zoning Administrator in enforcement of this Ordinance.
2. To grant a variation from the terms of this Ordinance when a property owner can show that his property was acquired in good faith and where by reason of exceptional narrowness shallowness, or shape of a specific piece of property, or where by reason of exceptional topographical conditions or other extraordinary or exceptional situation, the strict application of the terms of this Ordinance actually prohibits the use of his property in a manner reasonably similar to that of other property in the same district, and where the Board is satisfied under the evidence before it that:
A. The land in question cannot yield a reasonable return if used only for a purpose allowed in the district in which it is located; and
B. 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 buildings, in the same district;
C. The plight of the owner of the land in question is due to the unique circumstances shown to the Board and is not of his own making;
D. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district;
E. The use to be authorized by the variation will not alter the essential character of the locality of the land in question.
Provided, however, that all variations granted under this clause shall be in harmony with the intended spirit and purpose of this Ordinance and shall not be injurious to the surrounding property or otherwise detrimental to the public welfare.
A variance shall not be granted by the Board, unless and until a public hearing is held. Notice of said public hearing shall be given in advance by publishing in a newspaper of general circulation in the city at least 15 days prior to such hearing. The owner of the property for which the variance is sought or his agent and owners of any other affected property within 200 feet of said property shall be notified by mail; names and addresses of such adjacent land owners shall be furnished to the Administrator by the applicant. Further provided that no variance shall be granted unless the Board shall make findings that the requirements of this Section have been met by the applicant for the variance and that the reasons set forth in the application justify the granting of the variance.
In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Ordinance. 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 this Ordinance and punishable under Chapter 32 of this Ordinance.
Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this Ordinance in said district.
To permit the following exceptions to the district regulations set forth in this Ordinance, provided all exceptions shall be by their design, construction and operation adequately safeguard the health, safety and welfare of the occupants of adjoining and surrounding property, shall not impair an adequate supply of light and air to adjacent property, shall not increase congestion in the public streets, shall not increase public danger of fire or flood, and shall not diminish or impair established property values in surrounding areas.
To permit erection and use of a building or the use of premises or vary the height, yard or area regulations in any location for a public service corporation for public utility purposes, or for purpose of public communication, which the Board determines is reasonably necessary for the public convenience or welfare.
To permit the extension of a zoning district where the boundary line of a district divides a lot in single ownership as shown of record or by existing contract or purchase at the time of the passage of this Ordinance, but in no case shall such extension of the district boundary line exceed forty (40) feet in any direction.
To hear and decide only such other special exceptions as the Board is specifically authorized to pass on by the terms of this Ordinance; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under this Ordinance, or to deny special exceptions when not in harmony with the purpose and intent of this Ordinance. A special exception shall not be granted by the Board unless and until:
(1) A written application for special exception is submitted indicating the section of this Ordinance under which the special exception is sought and stating the grounds on which it is requested.
(2) Notice of public hearing shall be given in advance of public hearing by publishment of such notice in a newspaper of general circulation in the city 15 days prior to such hearing. The owner of the property for which special exception is sought or his agent and owners of any other affected property within 200 feet of said property shall be notified by mail; names and addresses of such landowners shall be furnished to the Administrator by the applicant. Notice of hearing may also be posted on the property for which special exception is sought.
(3) The public hearing shall be held. Any party may appear in person, or by agent or attorney.
(4) The Board shall make a finding that it is empowered under the Section of this Ordinance described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public interest.
In granting any special exception, the Board may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violations of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this Ordinance. The board may prescribe a time limit within which the action for which the special exception is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set, shall void the special exception.
27.03 DECISIONS OF THE BOARD. In exercising the above mentioned powers, the Board may, in conformity with the provisions of law, reverse or atrium, wholly or partly, or modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determinations as it believes proper, and to that end shall have all the powers of the Zoning Administrator. The concurring vote of three (3) of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this Ordinance; provided, however, that the action of the Board shall not become effective until after the resolution of the Board, setting forth the full reason for its decision and the vote of each member participating therein, has been filed. Such resolution, immediately following the Board's final decision, shall be filed in the office of the City Administrator, and shall be open to public inspection.
Every variation and exception granted or denied by the Board shall be supported by a written testimony or evidence submitted in connection therewith.
Any taxpayer, or any officer, department, board or bureau of the City of Bondurant, or any person or persons jointly or severally aggrieved by any decision of the Board may present to a court of record a petition, duly verified setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the Board.
If any application for a variance or exception shall have been denied by the Board, then no new application for the same relief shall be considered by the Board unless the Board shall find what conditions have changed.