(A) Authority. The City Board of Zoning Appeals shall hear and decide appeals and requests for variances from the requirements of this chapter.
(B) Procedure. Meetings of the Municipal Board of Zoning Appeals shall be held at such times, as the Board shall determine. All meetings of the Municipal Board of Zoning Appeals shall be open to the public. The Municipal Board of Zoning Appeals shall adopt rules of procedure and shall keep records of applications and actions thereof, which shall be a public record. Compensation of the members of the Municipal Board of Zoning Appeals shall be set by the legislative body.
(C) Appeals; how taken. An appeal to the Municipal Board of Zoning Appeals may be taken by any person, firm or corporation aggrieved or by any governmental officer, department or bureau affected by any decision of the Administrator based in whole or in part upon the provisions of this chapter. Such appeal shall be taken by filing with the Municipal Board of Zoning Appeals a notice of appeal, specifying the grounds thereof. In all cases where an appeal is made by a property owner or other interested party, a fee as set forth in the current city fee schedule for the cost of publishing a notice of such hearings shall be paid by the appellant. The Administrator shall transmit to the Municipal Board of Zoning Appeals all papers constituting the record upon which the appeal action was taken. The Municipal Board of Zoning Appeals shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to parties in interest and decide the same within a reasonable time which shall not be more than ten business days from the date of the hearing. At the hearing, any person or party may appear and be heard in person or by agent or by attorney.
(D) Powers. The Municipal Board of Zoning Appeals shall have the following powers:
(1) Administrative review. To hear and decide appeals where it is alleged by the applicant that there is error in any order, requirement, permit, decision, determination or refusal made by the Administrator or other administrative official in carrying out or enforcement of any provisions of this chapter; and
(2) Variance procedures.
(a) In the case of a request for a variance, the following shall apply.
1. The City Board of Zoning Appeals shall hear and decide appeals and requests for variances from the requirements of this chapter.
2. Variances may be issued for the repair or rehabilitation of historic structures as defined, herein, upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as a historic structure and the variance is the minimum necessary deviation from the requirements of this chapter to preserve the historic character and design of the structure.
(b) In passing upon such applications, the Municipal Board of Zoning Appeals shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this chapter, and:
1. The danger that materials may be swept onto other property to the injury of others;
2. The danger to life and property due to flooding or erosion;
3. The susceptibility of the proposed facility and its contents to flood damage;
4. The importance of the services provided by the proposed facility to the community;
5. The necessity of the facility to a waterfront location, in the case of a functionally dependent use;
6. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
7. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
8. The safety of access to the property in times of flood for ordinary and emergency vehicles;
9. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and
10. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems and streets and bridges.
(c) Upon consideration of the factors listed above, and the purposes of this chapter, the Municipal Board of Zoning Appeals may attach such conditions to the granting of variances, as it deems necessary to effectuate the purposes.
(d) Variances shall not be issued within any designated floodway if any increase in flood levels during the base of this chapter.
(1994 Code, § 14-406) (Ord. 514, passed 8-8-1994; Ord. 703, passed 5-24-2010)