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The following shall apply to the organization and procedures of the Board of Zoning Appeals:
A. Appointment.
The Board shall be composed of five (5) electors of the City. Members shall be appointed by the Mayor for a period of five (5) years. The terms shall be arranged so that the term of one member shall expire each year. Should any vacancy on the Board occur for any reason, the Mayor shall appoint a successor to serve the unexpired term. The Mayor shall have the right to remove any members of the Board with due cause.
B. Organization and Rules.
The Board shall organize annually and elect a Chairperson, Vice-chairperson and secretary from its membership. The secretary need not be a member of the Board. The Board shall adopt such procedural rules as may be necessary to carry into effect the provisions of this Zoning Code and to exercise the powers and jurisdiction conferred upon it by this Code.
1. The Chairperson shall preside at all meetings of the Board. He or she shall decide on all points of order and procedure unless otherwise directed by a majority of the Board. The Chairperson may appoint committees deemed necessary to carry out the business of the Board. The Chairperson may administer oaths and compel the attendance of witnesses as necessary to carry out the business of the Board. The Chairperson's signature shall be the official signature of the Board and shall appear on all decisions as directed by the Board.
2. The Vice-chairperson shall serve in the absence of the Chairperson and shall have all the powers of the Chairperson during his or her absence, disability or disqualification.
3. The secretary shall keep minutes of all meetings and shall be responsible for all official correspondence of the Board.
C. Meetings.
Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. All meetings shall be open to the public.
D. Voting.
All actions of the Board shall be taken by resolution, the vote of each member being recorded. Three members of the Board shall constitute a quorum to do business. A concurring vote of three (3) members shall be necessary to grant variances from the strict letter of this Code or to reverse any other order, requirement, decision or determination of the Building Inspector. No member of the Board shall vote on any matter in which he or she is personally or financially interested.
E. Minutes and Records.
The secretary of the Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be certified correct and filed in the City Hall and shall be a public record.
F. Witnesses and Oaths.
The Board shall have the power to subpoena and require the attendance of witnesses, administer oaths and compel testimony and the production of books, papers and other evidence pertinent to any issue before the Board.
G. Department Assistance.
The Board may call on all City departments for assistance in the performance of its duties, and it shall be the duty of such departments to render assistance to the Board as may be required. In addition, the Department of Community Development staff may make an analysis and present a report on any matter before the Board. Such report shall be considered by the Board at the time of hearing on the matter.
H. Alternate members of the Board.
The Mayor may appoint up to three alternate members to the Board, each for a term of five years. An alternate member shall take the place of an absent regular member at any meeting of the Board, according to procedures prescribed by the Board. An alternate member shall meet the same qualifications and criteria for appointment as a regular member. When attending a meeting in the place of an absent member, the alternate member is authorized to vote on any matter upon which the absent member is authorized to vote.
(Ord. 98-176. Passed 8-3-98; Ord. 2017-162. Passed 11-20-17.)
The following guidelines shall govern the actions of the Board of Zoning Appeals:
A. The Board shall be governed by the provisions of all applicable State statutes, local laws, ordinances and rules set forth herein.
B. The Board shall become familiar with all enacted ordinances and laws of the City under which it may be expected to act as well as with applicable State enabling legislation.
C. The Board shall uphold the Zoning Ordinance and Official Zoning Map as adopted and shall serve primarily as a judicial review in the performance of its duties.
D. The Board shall become familiar with the community goals, desires and policies. The Board shall not act as a legislative body, or, through interpretation, the granting of variances or the setting of conditions, subvert the basic intent of this Zoning Code to be generally and equally applicable to all persons covered by a zoning district.
(Ord. 98-176. Passed 8-3-98.)
An application for a hearing in cases in which the Board has original jurisdiction under the provisions of Section 1127.04 may be submitted by any person in interest or by an officer or bureau of the governing body of the City affected by any decision of the Building Inspector. An appeal to the Board shall be submitted within thirty days of the date of the action which is appealed. The applicant must file a notice of appeal with the Building Inspector and with the secretary of the Board. Such notice shall be made on the form provided for that purpose. The Building Inspector or other designated person shall be responsible, at the direction of the Board, for providing any applicant with proper forms and for instructing the parties concerned on the proper manner for completing and filing such forms. All information required on the form shall be complete before an appeal is considered filed.
A fee, as established by City Council, shall be deposited with the secretary for each appeal filed to defray the costs of notices and the hearing.
(Ord. 98-176. Passed 8-3-98.)
An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building Inspector from whom the appeal is taken certifies to the Board after the notice of appeal is filed with him or her, that by reason of facts stated in writing to the Board, a stay would, in his or her opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed by other than a restraining order which may be granted by the Board or by a court of record on application, on notice to the Building Inspector and on due cause shown.
(Ord. 98-176. Passed 8-3-98.)
The Board shall schedule a hearing on all appeals or applications within sixty (60) days of the filing of the appeal application. The Board shall give notice of the hearing at least ten (10) days prior to the date thereof by publication in a newspaper of general circulation. The applicant must supply a list of names and addresses of all adjoining property owners to the Board. The Board shall make certain that written notice also be given at least five (5) days prior to the hearing date to all adjacent property owners. Any party may appear in person or by agent or attorney at the hearing.
(Ord. 98-176. Passed 8-3-98.)
The following will apply to the decisions of the Board of Zoning Appeals:
A. The Board shall decide all applications and appeals within thirty (30) days after the final hearing thereon.
B. The applicant shall be notified in writing of the Board's decision and the findings of fact which were the basis for the Board's determinations.
C. The Board may reverse or affirm, wholly or partly, or may modify, the order, requirement, decision or determination of the Building Inspector. The decision shall state any conditions and safeguards necessary to protect the public interest.
D. In reaching a decision, the Board shall be guided by standards specified in this Code as well as by the community goals and policies.
E. A certified copy of the Board's decision, including all terms and conditions, shall be transmitted to the Building Inspector and shall be binding upon and observed by him or her. The Building Inspector shall fully incorporate these same terms and conditions in the permit to the applicant whenever a permit is authorized by the Board.
F. All findings and decisions shall be clearly set forth in the minutes of the Board. In rendering a decision, the Board should show that:
1. It has considered and evaluated all available information and evidence.
2. It has heard all parties in question.
3. Any personal knowledge the Board may have of the subject under question has been taken into account.
4. The Board has received a report on the case based upon an inspection of the parcel in question.
(Ord. 98-176. Passed 8-3-98.)
A variance from the terms of this Code shall not be granted by the Board unless and until a written application for a variance is submitted to the Building Inspector. The application shall be signed by the owner or applicant attesting to the truth and exactness of all information supplied in the application. At a minimum, the application shall contain the following information:
A. The name, address and telephone number of the applicant;
B. A description of the nature of the variance requested;
C. A statement demonstrating that the requested variance conforms to the standards set forth in Section 1127.12; and
D. A fee as established by Council.
(Ord. 98-176. Passed 8-3-98.)
The Board shall have the power to make variances from the provisions of this Zoning Code in cases where the strict application of the provisions of this Code would result in practical difficulty or unnecessary hardship. The Board shall have the power to impose additional conditions and safeguards other than those stated in this Zoning Code when granting variances. Such additional conditions shall be reasonable and necessary to promote and preserve the public safety, general welfare and economic viability of the neighborhood and community and shall be imposed solely for the purpose of minimizing the effect of the variance on surrounding property and the community as a whole. Violations of such conditions and safeguards, when made a part of the terms under which the variance use is granted, shall be deemed a violation of this Code and shall be punishable under Section 1127.99.
In authorizing a variance with conditions the Board may require a guarantee or bond as it may deem necessary to enforce compliance with such conditions.
No variance from the provisions or requirements of this Zoning Code shall be authorized by the Board unless the Board finds that all of the following facts and conditions substantially exist:
A. That there are exceptional or extraordinary conditions applying to the property that do not apply to other properties in the same zoning district.
B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity.
C. That the authorization of such variance will not be of substantial detriment to adjacent property and will not impair the purposes of this Zoning Code or the public interest.
D. That there are unique physical circumstances or conditions applying to the property in question such as irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions.
E. That such variance shall, in no manner or guise, be construed to mean a change of use or density but shall mean only a variation or modification from the provisions of this Zoning Code.
(Ord. 98-176. Passed 8-3-98.)
In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Code. Violation of such conditions and safeguards, when made a part of the terms under which the appeal or variance is granted, shall be deemed a violation of this Code and shall be punishable under Section 1127.99. Under no circumstances shall the Board grant an appeal or variance to allow a use not permissible under the terms of this Code in the district involved, or any use prohibited by the terms of this Code in such district.
(Ord. 98-176. Passed 8-3-98.)
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