Legal Documents of Maryville

Code of Maryville

Table of Contents » Title 14 Zoning and Land Use Control » Chapter 2 Zoning And Land Use Ordinance » § 14-205 Appeals, variances, interpretations.
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14
Title 14
14-1
Title 14, Chapter 1
14-101
§ 14-101
Maryville
Title 14 : Zoning and Land Use Control
Chapter 2 : Zoning And Land Use Ordinance

14-205 : Appeals, variances, interpretations.

  1. Appeals.
    1. An appeal from any final order or decision of the administrator may be taken to the board of zoning appeals by any person aggrieved. An appeal is taken by filing with the administrator and the board of zoning appeals a written notice of appeal specifying the grounds of appeal. A notice of appeal shall be considered filed with the administrator and the board of zoning appeals when delivered to the planning department, and the date and time of filing shall be entered on the notice by the planning staff.
    2. An appeal must be filed within thirty (30) days after the date of the decision of order appealed from.
    3. Whenever an appeal is filed, the administrator shall transmit in a timely manner to the board of zoning appeals all the documents relating to the action appealed from.
    4. An appeal stays all actions by the administrator seeking enforcement of, or compliance with, the order or decision appealed from, unless the administrator certifies to the board of zoning appeals that (due to facts stated in the certificate) a stay would, in his opinion, cause imminent danger or irreparable harm to life or property. In such case, proceedings shall not be stayed except by order of the board of zoning appeals or a court, issued on application of the party seeking the stay, for due cause shown, after notice to the administrator.
    5. The board of zoning appeals may reverse or affirm (in whole or in part) or may modify the order, requirement or decision or determination appealed from and shall make any order, requirement, decision or determination that in its opinion ought to be made in the case before it. To this end, the board shall have all the powers of the officer from whom the appeal is taken. Further, the board shall state in writing the reasons supporting the change which they have made in the original order, requirement, or decision.
  2. Variances.
    1. An application for a variance shall be submitted to the board of zoning appeals by filing a copy of the application with the administrator in the planning department. Applications shall be handled as prescribed in § 14-203.
    2. A variance may be granted by the board of zoning appeals if it concludes the strict enforcement of the provisions of the chapter would result in practical difficulties (related to the configuration of the land) or unnecessary hardships for the applicant and that, by granting the variance, the spirit of the ordinance will be observed, public safety and welfare secured, and substantial justice done. It may reach these conclusions if it finds that:
      1. If the applicant complies strictly with the provisions of the chapter he can make no reasonable use of this property.
      2. The hardship of which the applicant complains is one suffered by the applicant rather than by neighbors or the general public.
      3. The hardship relates to the applicant's land, rather than personal circumstances.
      4. The hardship is unique, or nearly so, rather than one shared by many surrounding properties.
      5. The hardship is not the result in the extension of a nonconforming situation in violation of this chapter and would not authorize the initiation of a nonconforming use of land.
    3. In granting variances, the board of zoning appeals may impose such reasonable conditions as will ensure that the use of the property to which the variances applies will be as compatible as practicable with the surrounding properties.
    4. A variance may be issued for an indefinite duration or for a specified duration only.
    5. The nature of the variance and any conditions attached to it shall be entered on the face of the permit required for construction or occupancy of the building. All such conditions are enforceable in the same manner as any other applicable requirement of this chapter.
  3. Interpretations.
    1. The board of zoning appeals is authorized to interpret the zoning map and to pass upon disputed questions of lot lines or district boundary lines and similar questions. If such questions arise in the context of an appeal from a decision of the zoning administrator, they shall be handled as provided in subsection (1) above.
    2. An application for a map interpretation shall be submitted to the board of zoning appeals by filing a copy of the application with the administrator of the planning department. The application shall contain sufficient information to enable the board to make necessary interpretation.
    3. Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:
      1. Boundaries indicated as approximately following the centerline of alleys, streets, highways, streams, or railroads shall be construed to follow such centerline.
      2. Boundaries indicated as approximately following lot lines, city limits or extraterritorial boundary lines shall be construed as following such lines, limits or boundaries.
      3. Boundaries indicated as following streams and banks shall be construed to follow such watercourses, and in the event of change in the watercourse shall be construed as following such shorelines.
      4. Where a district boundary divides a lot or where distances are not specifically indicated on the official zoning map, the boundary shall be determined by measurement, using the scale of the official zoning map.
      5. Where a street or alley is hereafter officially vacated or abandoned, the regulations applicable to each such parcel of abutting property shall apply to that portion of street or alley added thereto by virtue of such vacation or abandonment.
    4. Interpretations of the location of floodway and floodplain boundary lines may be made by the administrator subject to appeal to the board of zoning appeals.
  4. Requests to be heard expeditiously. The board of zoning appeals shall hear and decide all appeals, variance requests, and requests for interpretations as expeditiously as possible, consistent with the need to follow regularly established agenda procedures, provide notice, and obtain the necessary information to make sound decisions.
  5. Burden of proof in appeals and variances.
    1. When an appeal is taken to the board of zoning appeals in accordance with subsection (1) above, the applicant shall have the initial burden of presenting to the board sufficient evidence and argument to justify a change in the order or decision from which the appeal is taken. The burden of presenting evidence is on the appellant who shall also have the burden of persuasion.
    2. The burden of presenting evidence sufficient to allow the board of zoning appeals to reach the conclusions set forth in subsection (2)(b) above, as well as the burden of persuasion on those issues, remains with the applicant seeking the variance.
  6. Board action on appeals and variances.
    1. With respect to appeals, a motion to reverse, affirm, or modify the order, requirement, decision, or determination appealed from shall include, insofar as practicable, a statement of the specific reasons of findings or facts that support the motion. If a motion to reverse or modify is not made or fails to receive the majority vote necessary for adoption, then a motion to uphold the decision appealed from shall be in order. This motion is adopted as the board's decision if supported by a majority of a board's membership (excluding vacant seats).
    2. Before granting a variance, the board must take a vote and vote affirmatively on the five (5) required findings stated in subsection (2)(b) of this section. Insofar as practicable, a motion to make an affirmative finding on the requirements set forth in subsection (2)(b) of this section shall include a statement of the specific reasons or findings of fact supporting such motion.
    3. A motion to deny a variance may be made on the basis that any one (1) or more of the five (5) criteria set forth in subsection (2)(b) of this section are not satisfied or that the application is incomplete. Insofar as practicable, such a motion shall include a statement of the specific reasons or findings of fact that support it. This motion is adopted as the board's decision if supported by a majority of the board's membership (excluding vacant seats). (1999 Code, § 14-205)