1133.01 Organization and duties.
1133.02 Appeals and variance powers.
1133.03 Rules.
1133.04 Organization and meetings.
1133.05 Procedures of appeals to Board.
1133.06 Notice and hearing.
1133.07 Appeal of Board decisions.
1133.99 Penalty.
CROSS REFERENCES
Zoning Board of Appeals established; powers - see CHTR. 4.02
Nonconforming use defined - see P. & Z. 1131.03(37)
Public notice defined - see P. & Z. 1131.03(48)
(a) There is established in the City a Board of Zoning Appeals which shall be under the administrative jurisdiction of the Administrative Assistant.
(b) The Board shall consist of three citizen members appointed for overlapping terms of six years. The Administrative Assistant shall serve, exofficio, as administrative advisor to the Board. Each member shall serve until his successor is appointed and qualified. Vacancies on the Board shall be filled by appointment by the Mayor for the unexpired term.
(Ord. C79-74. Passed 1-20-75.)
The Board shall have the following powers:
(a) To hear and decide appeals where it is alleged there is error in a decision by the Building Inspector in refusing building permits, certificates of occupancy or sign permits or where it is alleged there is error in a decision, notice or order issued by the code official and/or pursuant to the provisions of Chapter 1411 of the Codified Ordinances.
(Ord. C28-94. Passed 4-18-94.)
(b) To authorize upon appeal from a decision of the Building Inspector in refusing building permits, certificates of occupancy or sign permits, in specific cases, such variance from the terms of the Zoning Code and the Sign Code (Chapter 1145) upon the affirmative finding that:
(Ord. C89-90. Passed 11-5-90.)
(1) The variance granted will not be contrary to public interest or adversely affect the health or safety of persons residing or working in the vicinity of the proposed development or be injurious to private property or public improvements in the vicinity.
(2) Granting the variance requested will not confer on the applicant any special privilege that is denied by the Zoning Code or the Sign Code to other lands or structures in the same zoning district.
(3) A literal enforcement of the Zoning Code and the Sign Code will result in unnecessary hardship by depriving the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the Zoning Code or the Sign Code.
(Ord. C52-80. Passed 9-2-80.)
(4) Special conditions and circumstances exist which are peculiar to the land or structure involved, and which are not applicable to other lands or structures in the same zoning district.
(5) The special conditions and circumstances do not result from the action of the applicant.
(6) The variance so granted does not violate the spirit of the Zoning Code.
In exercising the abovementioned powers, such Board may, in conformity with these sections reverse or affirm, wholly or partly, or modify the decision appealed from and may make such order, decision or determination not inconsistent with substantial justice and avoiding unreasonable hardship to property owners.
(Ord. C79-74. Passed 1-20-75.)
Meetings of the Board of Zoning Appeals shall be held at the call of the Chairman and at such other times as the Board determines. All meetings of the Board shall be open to the public. 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 immediately filed in the office of the Administrative Assistant and be a public record. Upon demand made in writing by any party, the Board shall make findings of fact upon which the decision is based and reduced same to writing and make available to all parties a copy of same. If an appeal is taken from a decision of the Board in granting a variance as provided by Section 1133.07, such findings of fact are to be completed and made available to all parties and to Council prior to the time that Council meets to hear the appeal.
(Ord. C79-74. Passed 1-20-75; Ord. C89-90. Passed 11-5-90.)
(a) Appeals to the Board of Zoning Appeals may be taken by any person aggrieved by the decision of the Building Inspector in refusing building permits, certificates of occupancy or sign permits. Such appeals shall be taken within thirty days after the decision by filing with the Board a written notice of appeal on forms provided for that purpose by the Board, specifying the grounds therefor, and serving, within three days thereafter, a copy thereof together with notice of the date and time of the hearing on the Building Inspector. The Building Inspector from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which action of appeal was taken. The Building Inspector shall give notice of his refusal in writing to the interested party and shall transmit together with such notice, a copy of the rules, for procedure on appeal as established herein or as may hereafter be established by the Board.
(Ord. C79-74. Passed 1-20-75; Ord. C52-80. Passed 9-2-80.)
(b) An application fee of one hundred dollars ($100.00) shall be submitted with each application. Each application shall include eleven copies of any attachment. Where a change in the exterior appearance is requested, each application shall include a site plan, building elevation and, where required, a landscaping plan.
(Ord. C53-88. Passed 7-18-88; Ord. C21-96. Passed 4-1-96.)
The Board of Zoning Appeals shall fix a reasonable time and place for a public hearing of the appeal, give at least ten days prior notice in writing to the parties in interest, give notice of such public hearing by posting notice of the time, date, and place of the public hearing on the City’s website at least ten days before the date of such hearing and decide the appeal within a reasonable time after it is submitted. Upon the hearing, any person may appear in person or by attorney. Any party may have a stenographic record of the proceeding by demanding same at the time of filing the appeal and making a deposit in an amount prescribed by the rules of the Board to cover the cost thereof. Any party may demand that testimony be given under oath and the right to cross examine witnesses.
All decisions of the Board shall be final and effective after the decision is announced by the Board, except that any decision granting a variance shall not take effect until the expiration of twenty-one days from the date of the meeting of the Board at which such decision is announced during which time the decision may be appealed to Council as provided in Section 1133.07.
(Ord. C79-74. Passed 1-20-75; Ord. C89-90. Passed 11-5-90; Ord. C17-18. Passed 4-2-18.)
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