HomeMy WebLinkAbout04172008 ZBA Agenda Item 3
Amendment relating to
variances, etc.
Draft 4-10-08
Amend Section 11-102 as follows:
Section 11-102. Findings; burden of proof.
(a) Variances. The ZBA may not issue or modify a variance unless all of the following
circumstances are present:
(1) The ZBA has made all findings and determinations required by state law for
the granting of a variance. A "hardship" that is self-created personal or based
only on financial reasons is not sufficient to support the issuance of a variance
(2) The ZBA has made any additional findings and determinations required by a
specific provision of this ordinance which relates to the variance.
(3) The variance has been reduced to writing and includes any conditions
prescribed by the ZBA or required by this ordinance for the variance in question.
(b) Special exceptions. The ZBA may not issue or modify a special exception unless all
of the following circumstances are present:
(1) The ZBA has determined that the proposed special exception will not cause
any significant increase in on-street parking, will not cause any substantial traffic
congestion, will not cause any substantial increase in traffic or an unreasonable
burden upon utility systems or upon any other public facility or public service.
(2) The ZBA has determined that the proposed special exception will be in
harmony with the general purpose and intent of this ordinance.
(3) If the proposed special exception involves a bar, the ZBA has found that the
applicant has clearly demonstrated that there is a readiness, willingness and ability
to comply with all applicable laws, rules, regulations and ordinances relating to
alcoholic beverages.
(4) The ZBA has made any additional findings and determinations required by a
specific provision of this ordinance.
(5) The special exception has been reduced to writing and includes any conditions
prescribed by the ZBA or required by this ordinance for the special exception in
question.
(c) Burden of'proof The applicant has the burden of presenting evidence to the ZBA and
persuading the ZBA that:
(1) each circumstance required for a variance or special exception is present; and
(2) each required finding and determination is supported by substantial evidence
4 9
Amendment relating to
special exceptions for
work under permit
Draft 4-10-08
Add a new Section 12-106, as follows:
Section 12-106. Special Exception, Certain Work Under Permit.
(a) Generaliv. The ZBA may issue a special exception to grant PNC status for a
structural item that did not conform to this ordinance when it was constructed or established if
the ZBA finds: 0) the non-conformance was clearly and specifically shown in plans and
specifications duly submitted to obtain a City permit; 00 before the work was done neither the
owner, the designer, the surveyor, the contractor nor any ther person assisting with the work
knew about the non-compliance; (iii) the non-conformance was clearly covered by the City
permit (the same permit for which the plans and specifications were submitted) and the permit
was otherwise regularly issued; (iv) after learning of the non-conformance the owner promptly
and voluntarily halted the non-conforming work and conferred with the administrative official;
(v) the item will cause no health or safety hazard and no significant impact upon another person
or property; and (vi) the item can be brought into conformance with this ordinance within the
time period specified in the special exception.
(b) Time to comply; conditions No such special exception is effective unless it specifies
a time period within which the item must be brought into conformance with this ordinance
Upon expiration of that time period PNC status granted by the special exception is lost Any
such special exception may contain conditions designed to: (i) reduce non-conformance (ii)
mitigate (or compensate for) the effects of non-conformance (iii) achieve conformance sooner
than the specified time period or (iv) any combination of the foregoing.
(c) Scope of exception For good cause shown such a special exception may allow
completion, minor modification and occupancy of the structural item without losing PNC status