(a) To initiate either procedure, the City Manager or the person authorized to administer the provisions of the Zoning Ordinance shall have taken an action involving the administration or enforcement of the Zoning Ordinance.
(1) An administrative appeal may be filed only if the following conditions are met:
A. The City Manager has decided to issue or deny a certificate; that an activity is in violation of the Zoning Ordinance; that a certificate is or is not required; or any similar decision.
B. The appeal is based upon an interpretation of the requirements of the Zoning Ordinance.
C. The party filing the appeal is an official, resident, or property owner within the City who believes that the interpretation is in error.
D. The appeal has been filed within twenty days after the decision.
(2) The variance may be filed only if the following conditions are met:
A. The City Manager has denied the application for a zoning certificate.
B. The denial is based upon the applicant’s inability to meet or exceed the requirements of the Zoning Ordinance.
C. The application has been filed within twenty days of the decision.
(b) The appeals or variance procedure consists of the following steps:
(1) An application is filed with the City Manager;
(2) The application is transmitted to the Board of Zoning Appeals;
(3) The Board may hold a public hearing for a variance but not for an administrative appeal; and
(4) The Board acts on the application.
(c) Applications for administrative appeals or variances are available at the office of the City Manager; and when completed are to be returned to that office.
(1) The application for administrative appeals and variances shall include but not be limited to the following:
A. Name, address and telephone number of the applicant;
B. Location of the property and the zoning district;
C. Present and proposed use;
D. If required by the City Manager, a vicinity map and plat layout, containing information required by the City Manager;
E. A statement identifying the decision which is being appealed or the variance requested and the reason for the request; and
F. The fee established by Council.
(Ord. 1985-40. Passed 8-6-85.)
(d) Within three working days after the completed application has been filed it shall be transmitted to the Board of Zoning Appeals. Within forty days of receiving an application for a variance only, the Board of Zoning Appeals shall hold a public hearing to consider the application. No public hearing shall be held for an administrative appeal.
(1) The Zoning Inspector shall publish once in a newspaper of general circulation within the City not less than ten days prior to the date of the hearing. The notice shall state the date, place and time of the hearing and shall include the places and times that the documentation may be examined.
(2) The Zoning Inspector shall serve notice by Certified Mail upon all property owners owning lots or land abutting and directly across the street from the property in question.
(3) The Zoning Inspector shall also serve notice by 1st Class Mail on all property owners who are not contiguous to the proposed land, but fall within 200 feet of the property in question.
(Ord. 1997-11. Passed 10-21-97.)
(e) The Board shall decide on the application within sixty days after receipt by the office of the City Manager. The filing of an administrative appeal shall stay all proceedings in the furtherance of the action appealed from, unless the City Manager shall certify to the Board of Zoning Appeals that, by reason of the facts presented in the application, a stay would cause imminent peril to life and property.
(f) The Board of Zoning Appeals:
(1) Administrative appeals. Shall reverse, affirm or modify the order, requirement, decision or determination that is being administratively appealed. The decision shall, in the opinion of the Board, reflect conformity with the provisions of the Zoning Ordinance.
(2) Variances. Shall grant, deny or modify the variance application. The variance shall not be granted unless the following conditions exist:
A. The special circumstances apply to the applicant's building(s) or land(s) and do not generally apply to other buildings or lands in the same zoning district.
B. The special circumstances are not the result of actions of the applicant.
C. The literal interpretation of the provisions of the Zoning Ordinance would deprive the applicant of rights commonly enjoyed by other property owners in the same zoning district.
D. The variance will provide the minimum necessary relief and will represent the least possible modification.
E. The proposed variance will not constitute a change, including a variation in use, on the Official Zoning Map; or permit a use which is not permitted in the zoning district.
(g) A certified copy of the Board's decision shall be transmitted to the applicant.
(1) The decision of the Board shall be binding upon the City Manager and applicant.
(2) If the application is denied, no subsequent application for the same variance shall be filed until the expiration of twelve months after the original or subsequent denials.
(i) Any person, firm or corporation or any officer, department, board or agency of the Municipality, or any interested elector of the Municipality who has been aggrieved or affected by any decision of the Board of Zoning Appeals, may appeal from such decision to Council by filing notice of intent to appeal within five days and filing a petition with the Clerk of Council within fifteen days from the date of the decision and setting forth the facts of the case.
(1) Council shall hold a public hearing on such appeal not later than thirty days after the appeal has been with the Clerk.
(2) Council by an affirmative vote of a majority of its members shall decide the matter.
(j) The City Manager shall issue a zoning certificate only in compliance with the approved requirements of the Board of Zoning Appeals or Council if the issue is appealed.
(Ord. 1985-40. Passed 8-6-85.)