A.Appeals from Actions of Zoning Administrator. The Planning Commission shall hear and decide upon appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of these regulations.
1.Who May Appeal. Appeals to the Planning Commission may be taken by any person aggrieved or by an officer, department, board or bureau of the governing authority affected by any decision of the Zoning Administrator. Such appeals shall be filed no later than 30 days after the date of notification of the decision appealed from the filing with the Zoning Administrator and with the Planning Commission a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Planning Commission all the papers constituting the record upon which the action appealed from was taken.
2.Legal Proceedings Stayed. An appeal stays all legal proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Planning Commission that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such a case, proceedings shall not be stayed otherwise than by restraining order which may be granted by the Planning Commission or by a court of record on application, on notice to the Zoning Administrator, and on due cause shown.
3.Extent of Planning Commission Power. The Planning Commission may, in conformity with the provisions of these regulations, reverse or affirm the requirement, decision or determination of the Zoning Administrator. The Planning Commission may direct the issuance of a permit. It shall be the duty of the Zoning Administrator to carry out the decisions of the Planning Commission.
B.Request for a Variance. The Planning Commission may authorize upon appeal in specific cases such variance from the terms of these regulations as will not be contrary to the public interest where, owing the special conditions, a literal enforcement of the provisions of these regulations will, in an individual case, result in practical difficulty or unnecessary hardship, so that the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done;
provided, however, that a variance shall not be granted for a use of land or building or structure that is prohibited by this Ordinance in the District in question. A variance may be granted in an individual case upon a finding by the Planning Commission that the following exists:
1.There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography;
2.The application of these regulations to this particular piece of property would create a practical difficulty of unnecessary hardship;
3.Such conditions are peculiar to the particular piece of property involved;
4.Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of these regulations; provided, however, no variance may be granted for a use of land or building or structure that is prohibited by this Ordinance; and
5.A literal interpretation of this Ordinance would deprive the applicant of any rights that others in the same District are allowed.
In addition, the Planning Commission may impose or require such additional restrictions and standards as may be necessary to protect the health and safety of workers and residents in the community, and to protect the value and use of property in the general neighborhoods; and provided that wherever the Planning Commission shall find, in the case of any permit granted pursuant to the provisions of these regulations, that any of the terms, conditions or restrictions upon which such permit was granted are not being complied with, said Planning Commission shall rescind and revoke such permit after giving due notice to all parties concerned and granting full opportunity for a hearing. In exercising the above powers, the Planning Commission shall not consider any non-conforming use of neighboring lands, structures of buildings in the same District, and no permitted use of lands, structures or buildings in other Districts as grounds for the issuance of a variance.
C.Request for Extension or Enlargement of the Nonconforming Use or Nonconforming Structure. The Planning Commission may authorize upon appeal in specific cases an extension of an existing nonconforming use or nonconforming structure which the Planning Commission is specifically authorized to pass on under the terms of this Ordinance. Said extension may be granted in an individual case upon a finding by the Planning Commission that:
1.The use or structure is a nonconformance as defined in these regulations;
2.The use or structure is in full compliance with all requirements of these regulations applicable to nonconformances; and
3.The extension of said use or structure will not further injure a permitted use on adjacent property in the same District.
D.Continuance of Nonconformance. The Planning Commission may allow a nonconformance to be reestablished after discontinuance for 12 consecutive months where it is deemed by the Planning Commission that:
1.The design, construction and character of the land, building or structure is not suitable for uses permitted in the District in which the nonconformance is situated;
2.Undue hardships to the property owner would result in not allowing the continuance of a nonconformance;
3.Adjacent property would not be unduly damaged by such continuance; and
4.The use is to be identical to the prior nonconformance.
E.Compliance with Standards. Where an application to the Planning Commission is initiated due to an existing violation of the Ordinance and said application is denied, the violation shall be required to be corrected within 10 days of such denial or as specified by the Planning Commission if a greater time period is necessary. The maximum extension of the time shall not exceed 30 days.
F.Forms. Forms shall be filed with the Zoning Administrator for the Planning Commission, and the appellant shall pay the Zoning Administrator for expenses incidental to the appeal. No form shall be accepted by the Zoning Administrator unless it contains all pertinent information and is accompanied by the required fee to defray expenses. Appeals, requests for variance, and requests for extension or continuance of non-conformance must contain the following information:
1.Appeal from Action of Zoning Administrator;
a.Name and address of appellant;
b.Name and address of property owner;
c.Location and legal description of property;
d.Present zoning of property;
e.Description of action taken by Zoning Administrator from which appeal is being made;
f.Appeal must be signed by appellant and be duly notarized. If the property owner and applicant are not the same person, a “Property Owner’s Authorization” form must be completed.
g.Appropriate filing fee.
2.Request for Variance:
a.Name and address of applicant;
b.Name and address of property owner;
c.Location and legal description of property;
d.Present zoning of property;
e.Specific Variance (state exactly what is proposed to be done on the property in question which does not conform with existing zoning regulation requirements);
f.Copies of plat, drawn to scale, showing north arrow, land lot and district, the dimensions, acreage and location of the tract(s), prepared by an architect, engineer, landscape architect or land surveyor whose state registration is current and valid. His/her seal shall be affixed to the plat;
g.A sketch plan or preliminary plan indicating the intended use of the property, including, but not limited to, proposed streets and lot layouts, access and egress routes, buffer areas, parking, etc. In general, the plat should contain sufficient data so as to clearly indicate proposed land uses. A sketch plan, with a scale not less than 1” per 200’ shall be acceptable; however, should the applicant prefer, a preliminary plat meeting all the requirements of the Union City Subdivision Regulations shall be submitted;
h.A letter of intent indicating specifically how the property is to be used. Said letter shall be detailed as necessary to clearly describe the proposed site development. Existing uses and zoning of nearby property.
i.The applicant’s responses to the following questions:
i.What are the extraordinary and exceptional conditions pertaining to the particular use or development proposed, or to the piece of property in question because of its size, shape, topography or other condition, which justifies the variance requested?
ii.How would the strict application of the ordinance requirements to the use or development proposed, or to this particular piece of property, result in great practical difficulties or unnecessary hardship?
iii.In what way are the extraordinary and exceptional conditions, identified above, peculiar to the use or development proposed or to the particular piece of property involved?
iv.What conditions, factors and/or circumstances give assurance that if the requested variance were granted that such variance would not cause substantial detriment to other property owners or tenants, or to the public good and would not impair the purpose and intent of the ordinance?
v.Does a literal interpretation of this Ordinance deprive the applicant of any rights that others in the same District are allowed?
j.Application must be signed by applicant and be duly notarized. If the property owner and applicant are not the same person, a “Property Owner’s Authorization” form must be completed.
k.Names and addresses of owners of all property within 250 feet of the subject property (from County Tax Assessors Office). Applicants must also demonstrate that all property owners within 250 feet of the subject property have been notified of the Public Hearing (see sample letter).
l.Appropriate filing fee.
3.Requests for Extension of Non-Conformance:
a.Name and address of applicant;
b.Name and address of property owner;
c.Location and legal description of property;
d.Present zoning of property;
e.Specific Extension of a Nonconformance (state exactly what nonconformance is proposed to be extended or enlarged);
f.Copies of plat, drawn to scale, showing north arrow, land lot and district, the dimensions, acreage and location of the tract(s), prepared by an architect, engineer, landscape architect or land surveyor whose state registration is current and valid. His/her seal shall be affixed to the plat.
g.The applicant’s responses to the following questions:
1.Why is the use a nonconformance as defined in these regulations?
2.Is the use in full compliance with all requirements of these regulations applicable to nonconformances?
3.Will the extension of said use further injure a permitted use on adjacent property?
h.Application must be signed by applicant and be duly notarized. If the property owner and applicant are not the same person, a “Property Owner’s Authorization” form must be completed.
i.Names and addresses of owners of all property within 250 feet of the subject property (from County Tax Assessors Office). Applicants must also demonstrate that all property owners within 250 feet of the subject property have been notified of the Public Hearing (see sample letter).
j.Appropriate filing fee.
4.Requests for Continuance of Nonconformance:
a.Name and address of applicant;
b.Name and address of property owner;
c.Location and legal description of property;
d.Present zoning of property;
e.Specific Continuance of a Nonconformance (state exactly what nonconformance is proposed to be extended or enlarged);
f.Copies of plat, drawn to scale, showing north arrow, land lot and district, the dimensions, acreage and location of the tract(s), prepared by an architect, engineer, landscape architect or land surveyor whose state registration is current and valid. His/her seal shall be affixed to the plat.
g.The applicant’s responses to the following questions:
1.Is the design, construction and character of the land, building or structure suitable for uses permitted in the District in which the nonconformance is situated?
2.Would undue hardships to the property owner result in not allowing the continuance of a nonconformance?
3.Would adjacent property owners be unduly damaged by such a continuance?
4.Is the use identical to the prior nonconformance?
h.Application must be signed by applicant and be duly notarized. If the property owner and applicant are not the same person, a “Property Owner’s Authorization” form must be completed.
i.Names and addresses of owners of all property within 250 feet of the subject property (from County Tax Assessors Office). Applicants must also demonstrate that all property owners within 250 feet of the subject property have been notified of the Public Hearing (see sample letter).
j.Appropriate filing fee.