O-2014-3551 amend Ch 106;comprehensive review and update

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(3) To authorize upon appeal in specific cases such variance as defined in section 106-192 (Variance) from the terms of the chapter, as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the chapter will result in unnecessary hardship, and so that the spirit of the chapter shall be observed. Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department or board, of the city affected by any decision of the enforcement officer. Such appeal shall be taken within 30 days as provided by the rules of procedure of the board of adjustment, by filing with the enforcement officer from whom the appeal is taken specifying the grounds thereof. The enforcement officer from whom the appeal is taken shall forthwith transmit to the board of adjustment all papers constituting the record upon which the action appealed from was taken. (1) When appeals stay all proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the enforcement officer from whom the appeal is taken certifies to the board of adjustment after notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause immediate peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application on notice of the enforcement officer from whom the appeal is taken and on due cause shown. (2) Time for and notice of hearing of appeal. The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or attorney. (3) Action on appeal. In exercising the powers set forth in section 106-88 (Powers and Duties), the board of adjustment may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the enforcement officer from whom the appeal is taken. The board must find the following in order to grant an appeal: a. That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map, provided the interruption of the enforcement officer is a reasonable presumption and the zoning ordinance is unreasonable. b. That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or uses similarly situated. c. The decision of the board must be in the best interest of the community and consistent with the spirit and interest of the city's zoning laws and the comprehensive plan of the city. DIVISION 3. ENFORCEMENT Nothing herein shall require any change in the plans, construction or designated use of a building for which a legal building permit has been issued prior to adoption, provided such construction shall have been started within six months following the date of issuance of such permit and work thereon is diligently prosecuted to completion.