The Board of Zoning and Building Appeals consists of five regular members and two alternate members who are appointed by the mayor, with the approval of a majority of the members of city council. The mayor or his representative, a member of council and other members of the administration may participate in Board of Zoning and Building Appeals proceedings as nonvoting members.
The Board of Zoning and Building Appeals has the power, in specific cases, to vary the application of certain provisions of the Zoning Code in order that the public health, safety, morals and general welfare may be safeguarded and substantial justice done.
Reasons for Granting Variances
- A literal application of the provisions of the Zoning Code would result in an unnecessary hardship peculiar to the property involved and not based on conditions created by the owner. A theoretical loss or limiting possibilities of economic advantage are general hardships, not unnecessary hardships.
- Other exceptional circumstances or conditions, such as topographical or geological conditions or types of adjoining developments, are only applicable to the property involved or to the intended use of the property and do not apply to other properties within the same zoning district unless the same exceptional circumstances prevail.
- Granting a variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the neighborhood in which the property is located or to abutting property owners.
- Granting a variance will not be contrary to the general purpose, intent and objectives of the Zoning Code and the planning program of the City.
When appealing for a variance or modification, the appellant shall state and substantiate his or her claim that each of the four conditions listed above exists. The Board shall make a finding on each of the four conditions as they apply in each specific case as a prerequisite for granting a variance or modification.