§ 27-337. Appeals and variances.

27-337-1 Appeals of administrative determinations. The planning commission shall hear appeals from the decision of the administrative officers in respect to the enforcement and application of this chapter, and may affirm or reserve in whole or in part the decision of the administrative officer.

A.

Process. Any person, officer of the city, or other governmental agency not in agreement with a decision made by the director may appeal the decision within thirty (30) days of the decision by filing with the director a notice of appeal along with a payment of the required appeal fee. The filing shall specify the reason for the appeal. The director shall then transmit to the planning commission all the information on the details of the decision and the reason for the appeal. This shall be done in advance of the next regularly scheduled meeting that is more than thirty (30) days from the date of the appeal.

B.

Stay. An appeal puts all processing of applications on hold until the appeal process is completed.

C.

Hearing. The planning commission shall schedule a reasonable time for the hearing of the appeal or any other matter referred to it. Notice shall be provided, published, mailed and posted pursuant to section 27-308.

D.

Action. In exercising its powers, the planning commission, in conformity with the provisions of law, may reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination.

E.

Appeal. The decision of the planning commission concerning an appeal of administrative determinations request may be appealed to the board of directors. Any interested party may file an appeal provided that it is filed with the city clerk by 5:00 p.m. on the tenth calendar day following the date of the planning commission decision. A fee in an amount established by the board of directors is required for filing an appeal.

(Ord. No. 26-13, § 1(Att.), 6-4-13)

27-337-2 Variances. The board of zoning adjustment shall hear requests for variances from the literal provisions of the zoning chapter in instances where strict enforcement of the zoning chapter would cause undue hardship due to circumstances unique to the individual property under consideration, and shall grant such variances only when it is demonstrated that such action shall be in keeping with the spirit and intent of the provisions of the zoning chapter. The board of zoning adjustment shall not permit, as a variance, any use in a zone that is not permitted under the chapter. The board of zoning adjustment may impose conditions in the granting of a variance to ensure compliance and to protect adjacent property.

27-337-3 Board of zoning adjustment procedures. The board of zoning adjustment shall establish regular meeting dates, adopt rules for the conduct of its business, establish a quorum in procedure, and keep a public record of all findings and decisions. The public meeting requires a notice of the meeting date and agenda to be published in a newspaper of general circulation in the City of Fort Smith at least one (1) time seven (7) days prior to the meeting.

27-337-4 Submission requirements. The director shall prepare an application form specifying the information to be submitted.

A.

Application. The applications shall contain at least the following information:

1.

The legal description of the subject property;

2.

The street address of the subject property;

3.

A certified site plan drawn to scale (one (1) inch—twenty (20) feet, unless otherwise approved) showing existing and proposed structures;

4.

A copy of the proposed or approved development plan if one has been prepared;

5.

The literal provision from which a variance is requested and the provision desired in lieu of the literal provision;

6.

The names and addresses of all property adjacent or contiguous to the petitioned property, including property across streets and intersections;

7.

The names and addresses of all owners of the subject property and/or their agent; and the date that this petition shall be considered by the board of zoning adjustment.

8.

Application fee.

B.

Notice. This information shall be used by the director to mail notice to all persons listed in the application to inform them of the public hearing on the variance request, the street address of the property and the reason for the variance request.

27-337-5 Application and review procedures.

A.

Determination of completeness. Applications shall be submitted to the director for a determination of completeness pursuant to section 27-303.

B.

Neighborhood meeting. The applicant shall comply with the requirements for a neighborhood meeting pursuant to section 27-304, except the applicant shall notify adjacent and contiguous property owners. The applicant also shall notify any homeowners' association, neighborhood association, or merchants association registered with the planning and zoning department and located within three hundred (300) feet of the parcel. The director may waive the requirement for a neighborhood meeting where:

1.

The proposed variance shall allow development in compliance with surrounding land uses.

2.

The variance request represents a minor change to the development requirements that shall have little or no effect on surrounding properties.

C.

Staff review. Following a determination of completeness, the staff shall review the application pursuant to section 27-305.

D.

Notice and public hearing. Following the completion of staff review and required neighborhood meetings, the application shall be scheduled for a public hearing before the board of zoning adjustment.

1.

Notice shall be provided pursuant to section 27-308.

(Ord. No. 47-10, § 2, 10-5-10)

27-337-6 Action.

A.

Action. Following the public hearing, the board of zoning adjustment may approve, approve as amended, or deny the application for variance.

B.

Conditions. The board of zoning adjustment may impose conditions on the granting of a variance to ensure compliance and to protect adjacent properties.

27-337-7 Appeal of board of zoning adjustment decisions. Decisions of the board of zoning adjustment in respect to the above shall be subject to appeal only to a court of record having jurisdiction.