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2015-11-12 CC Packet
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2015-11-12 CC Packet
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(A)Rules. The Planning and Zoning Commission and the City Council shall act as the Board of <br /> Adjustment. The Planning and Zoning Commission shall investigate the matter,make findings of fact <br /> and recommendation to the City Council who shall render a decision. <br /> (B)Administrative review. The Board of Adjustment shall hear and decide appeals where it is alleged there <br /> is error in any order,requirement, decision or determination made by an administrative official in the <br /> enforcement or administration of this chapter. <br /> (C)Variances. The Board of Adjustment may authorize upon appeal in specific cases such relief or <br /> variance from the terms of this chapter as will not be contrary to the public interest and only for those <br /> circumstances such as hardship,practical difficulties or circumstances unique to the property under <br /> consideration,as provided for in the respective enabling legislation for planning and zoning for cities or <br /> counties as appropriate. In the granting of the variance,the Board of Adjustment shall clearly identify in <br /> writing the specific conditions that existed consistent with the criteria specified in the respective <br /> enabling legislation which justified the granting of the variance. No variance shall have the effect of <br /> allowing in any district uses prohibited in that district,permit a lower degree of flood protection than the <br /> regulatory flood protection elevation for the particular area or permit standards lower than those required <br /> by state law. <br /> (D)Hearing. Upon filing with the Board of Adjustment of an appeal from a decision of the Zoning <br /> Administrator,or an application for a variance, the Board of Adjustment shall fix a reasonable time for a <br /> hearing and give due notice to the parties in interest as specified by law. The Board of Adjustment shall <br /> submit by mail to the Commissioner of Natural Resources a copy of the application for proposed <br /> variances sufficiently in advance so that the Commissioner will receive at least ten days' notice of the <br /> hearing. <br /> (E)Decisions. The Board of Adjustment shall arrive at a decision on the appeal or variance within 60 days. <br /> In passing upon an appeal,the Board of Adjustment may, so long as the action is in conformity with the <br /> provisions of this chapter,reverse or affirm,wholly or in part,or modify the order,requirement, <br /> decision or determination of the Zoning Administrator or other public official. It shall make its decision <br /> in writing setting forth the findings of fact and the reasons for its decisions. In granting a variance, the <br /> Board of Adjustment may prescribe appropriate conditions and safeguards,which are in conformity with <br /> the purposes of this chapter. Violations of these conditions and safeguards,when made a part of the <br /> terms under which the variance is granted,shall be deemed a violation of this chapter. A copy of all <br /> decisions granting variances shall be forwarded by mail to the Commissioner of Natural Resources <br /> within ten days of the action. <br /> (F)Appeals. Appeals from any decision of the Board of Adjustment may be made, and as specified in this <br /> community's official controls and also state law. <br /> (G)Flood insurance notice and recordkeeping. The Zoning Administrator shall notify the applicant for a <br /> variance that the issuance of a variance to construct a structure below the base flood level will result in <br /> increased premium rates for flood insurance up to amounts as high as $25 for$100 of insurance <br /> coverage,and that this construction below the 100-year or regional flood level increases risks to life and <br /> property. This notification shall be maintained with a record of all variance actions. A community shall <br /> 312 1 Page <br /> 78 <br />
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