SPRINGDALE CODE OF ORDINANCES: Sec. 10. Board of zoning adjustment.

Copyrighted by SPRINGDALE CODE & Municipal Code Corporation, 1998.

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Sec. 10. Board of zoning adjustment.

a. Established. A board of zoning adjustment is established and as set forth in section 90-30 the planning commission shall function as such board.

b. Meetings. The planning commission shall designate on the agenda of each regularly scheduled planning commission meeting those items in which it is functioning as the zoning board of adjustment. Items for consideration by the board of zoning adjustment shall be a given seven (7) days public notice of time, place, and request being made in a newspaper of general circulation in the city prior to the meeting. The minutes of the meeting will be a part of the minutes of the entire planning commission meeting.

c. Functions. The board of zoning adjustment is authorized in accordance with the provision of this chapter, to hear appeals from the decision of the administrative officers of this chapter; and may affirm or reverse, in whole or in part, said decision of the administrative officer. In addition, the board is responsible for hearing requests for variances from the literal provisions of this chapter in instances where strict enforcement of this chapter would cause undue hardship due to circumstances unique to the individual property under consideration, and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of this chapter. The board of zoning adjustment shall not permit, as a variance, any use in a zone that is not permitted under this chapter. The board of zoning adjustment may impose conditions in the granting of a variance to ensure compliance and to protect adjacent property. In carrying out the purpose and intent of this chapter, the board shall be governed by the specific powers and prohibitions provided in this section, and may impose conditions in the granting of a variance to ensure compliance and protect adjacent properties.

d. Powers and duties. The board has the following powers:

(1) Administrative review.

(a) To interpret the application of the provisions of this chapter in such a way as to carry out its stated purpose and intent.

(b) To interpret boundary lines for districts in this chapter where the street layout actually on the ground varies from the street layout shown on the accompanying map.

(c) To hear and decide appeal where it is alleged there is error in any order, requirement, decision, determination or interpretation made in the administration or enforcement of this chapter.

(a) The board may grant upon application in specific cases such variances from the bulk or area regulations of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. A variance from the terms of this chapter shall not be granted by the board unless and until:

1. A written application for a variance is submitted demonstrating:

a. 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 building in the same district.

b. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.

c. That the special conditions and circumstances do not result from the actions of the applicant.

d. That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

e. No nonconforming use of adjacent lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

2. The public hearing shall be held and public notice shall be given as set forth in subsection b. above.

a. To grant a variance the board must find that the requirements of subsection d.(2)(a)1. have been met by the applicant for a variance.

b. That the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.

c. That the granting of the variance will be in harmony with the general purpose and intent of this ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

3. In granting any variance, the board may prescribe appropriate conditions and safeguards in conformity with this chapter. 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 chapter.

4. 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 terms of this chapter is said district.

5. Under no circumstances shall the action of the board be considered to grant a variance of any provision of any other protective code adopted by the city.

(b) The board may grant, as a hardship variance, relief to any property owner who has a vested interest in a previously devised plan which conformed to the chapter in effect prior to the passage of this chapter. The owner must show proof of the previous intent including, but not limited to, development plans and specifications for that specific site. The board will not allow as a part of this process any use in any zone which is not allowed within that zone.

e. Appeals. Any persons or person, or any board, taxpayer, department, or board of the city aggrieved by any decision of the board of adjustment may seek review by a court of record of such decision, in the manner provided by the laws of the state.

f. Duties of planning and community development director, board of adjustment, city council and courts on matters on appeal. It is the intent of this chapter that all questions of interpretation and enforcement shall be first present to the planning and community development director, and that such questions shall be presented to the board only on appeal from the decision of the planning and community development director, and that recourse from the decision of the board shall be to the courts as provided by state law. It is further the intent of this chapter that the duties of the city council in connection with this chapter shall not include hearing and deciding questions of interpretation and enforcement that may arise. This procedure of deciding such question shall be as stated in this article and this chapter.

(Ord. No. 3307, 3-25-03)

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