(a) Building Commissioner.
(1) Appointment. The Building Commissioner shall administer and enforce this Zoning Code. The Building Commissioner may be provided with the assistance of other such persons as the Mayor may direct.
(2) Powers and Duties. The Building Commissioner shall have the following powers and duties in accordance with the procedures contained in this section.
A. To receive all applications for site plan review, conditional uses, and sign permits, and collect all applicable fees. The Building Commissioner shall promptly review each application that is submitted to determine compliance with the applicable district regulations and submission requirements. If the application is deemed insufficient, the Building Commissioner shall promptly notify the applicant of necessary changes. If the application is deemed sufficient, the Building Commissioner shall officially accept the application on that date for consideration of the action(s) requested and proceed to process the application per the appropriate process as identified in Table 1111.02-1: Summary Table of Procedures.
B. To maintain a record of all administrative and legislative proceedings under this Code, with respect to site plan approval, appeals, variances, and zoning amendments.
C. Maintain a current copy of the City's Official Zoning Map, which shall be kept on permanent display in the City offices.
D. Conduct inspections of buildings and uses of land to determine compliance with this ordinance, and, in the case of any violation, to notify in writing the person(s) responsible, specifying the nature of the violation and ordering corrective action.
E. Determine the existence of any violations of this Code and cause such notifications, revocation notices, or orders for removal of violations to be issued, or initiate such other administrative or legal action as needed, to address such violation.
F. To review and approval (or disapprove) applications for certain sign permits pursuant to Section 1111.05(f).
G. Other tasks that may be assigned by the Mayor or other administrative personnel.
(b) Planning Commission. In addition to the powers and duties established in the City Charter, the Planning Commission shall have the following functions, powers, and duties, exercisable in accordance with the procedures contained within this Code.
(1) To review and approve, approve with modifications, or disapprove applications which require Planning Commission's recommendation or decision.
(3) To adopt bylaws for the holding of regular and special meetings, for the transaction and disposition of its business and the exercise of its powers.
(c) Board of Zoning Appeals. The Board of Zoning Appeals shall have the powers duties as prescribed in the City Charter and in this Zoning Code and the Codified Ordinances and shall establish such rules and regulations as it determines to be necessary for the proceedings of the Board.
(1) Proceedings. Meetings of the Board shall be held at least once a month, and at such other times as the Board may determine or upon call of the chairperson, unless the meeting is cancelled due to the Board having no agenda items. All meetings shall be open to the public. The Board shall adopt its own rules of procedures and shall keep a record of its proceedings showing the vote of each member upon each question, or if absent, or if failing to vote indicating such fact; and shall keep records of its examinations and other official actions. Every rule or regulation, and every order, requirement, decision, or determination of the Board shall be recorded by the secretary of the Board and become a public record.
(2) Quorum. The presence of three (3) members shall constitute a quorum for the transactions of all business. The transaction of all business and action by the board shall be effected by the concurring votes of at least three (3) members.
(3) Powers and Duties. The Board of Zoning Appeals shall have the following powers:
A. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, interpretation, or determination made by an administrative official or other board or commission in the enforcement of this Zoning Code, or any amendment thereto.
B. To authorize, upon appeal, in specific cases, a variance from the terms of this Code. The Board shall determine that the variance will not be contrary to the public interest, that due to special conditions literal enforcement of the provisions of this Code will result in undue hardship, that the spirit of the Code shall be observed, and that substantial justice has been done.
C. To interpret the zoning district boundaries on the official zoning map, where questions with respect to zoning boundaries may have been raised. If there is a question regarding the location of any boundary line between zoning districts, a request for interpretation of the zoning map may be made to the Board and a determination shall be made by said Board, after formal public notice is given to adjacent and other affected property owners.
D. To adopt rules or bylaws for the holding of regular and special meetings, for the transaction and disposition of its business and the exercise of the powers.
E. To subpoena and require the attendance of witnesses, administer oats, compel testimony, and the production of books, papers, and other evidence pertinent to the issues of the matter before the Board.
F. To hear other appeals the Board is obligated to hear under the Codified Ordinances.
(d) City Council. The City Council shall be granted the powers and duties established in the City Charter and shall be responsible for hearing applications and amendments and making decisions based on the processes and procedures established in this Zoning Code.
(Ord. 2022-34. Passed 1-9-23.)