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BOARD OF LOCAL IMPROVEMENTS
There is hereby created the Board of Local Improvements of the city, which shall consist of the Mayor, the Commissioner of Public Property, the Commissioner of Accounts and Finances, the Commissioner of Public Health and Safety, the Commissioner of Streets and Public Improvements, the Safety Engineer and Superintendent of Streets.
('71 Code, § 2-3-1) (Ord. 1487, passed 11-8-65)
ZONING BOARD OF APPEALS
(A) There is hereby established a Zoning Board of Appeals. Said Board of Appeals shall consist of seven members appointed by the Mayor of the city and confirmed by the City Council. The members of the Board of Appeals shall serve respectively for the following terms:
(1) One for one year.
(2) One for two years.
(3) One for three years.
(4) One for four years.
(5) One for five years.
(6) One for six years.
(7) One for seven years.
(B) The successor of each member so appointed shall serve for a term of five years. Vacancies shall be filled by the Mayor, subject to the confirmation by the Council, for the unexpired term. Members may be removed by the Mayor for cause after written charges have been filed and after a public hearing has been held, if demanded by the member so charged.
(C) One of the members of said Board shall be designated by the Mayor, with the consent of the Council, as Chairperson of said Board and shall hold said office as Chairperson until a successor is appointed. Such Chairperson, or in his absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses.
(D) The City Clerk shall act as clerk for the Board and shall make and keep a record of all its meetings and official acts.
('71 Code, § 2-12-1)
(A) Any person aggrieved by a ruling of the Health, Building and Zoning Officer charged with the enforcement of the zoning chapter or by any officer, department, board or bureau of the city concerning the interpretation of the zoning code, may take an appeal to the Zoning Board of Appeals.
(B) Such appeal shall be taken within such time as shall be prescribed by the Zoning Board of Appeals by general rules adopted by it, and shall be taken by filing with the City Clerk and with the Zoning Board of Appeals, a notice of appeal specifying the grounds thereof, together with such plats and exhibits as are reasonably necessary. Such appeal shall be taken upon forms provided by the Zoning Board of Appeals. The Clerk shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed was taken.
(C) The Board may reverse or affirm, wholly or partly, or may modify or amend the order, requirements, decisions or determination appealed from to the extent and in the manner that the Board may decide to be fitting and proper in the premises, and to that end, the Board shall also have all the powers of the officer from whom the appeal is taken.
(D) The City Board shall also hear and decide all matters referred to it or upon which it is required to pass under the zoning chapter.
(E) The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Building Commissioner or to decide in favor of the applicant any matter upon which it is authorized by the zoning chapter to render decisions.
(F) The Zoning Board of Appeals shall fix a reasonable time and place for the hearing of such appeals and shall give notice thereof to the persons appealing and to the officer from whom the appeal is taken. It shall hear and decide the appeal within a reasonable time. At the hearing, parties of interest may appear in person or by agent or attorney.
(G) Stay of proceedings. The appeal shall stay all proceedings and furtherance of action appealed from, unless the Health, Building and Zoning Officer certifies to the Zoning Board of Appeals, after notice of appeal has been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property; in which case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals or by court of record on application, with notice to the officer from whom the appeal is taken, and all due causes shown.
(H) All final administrative decisions of the Board under this section shall be subject to judicial review pursuant to the provisions of the "Administrative Review Act," of the state, approved May 8, 1945, and all amendments and modifications thereof, and the rules adopted pursuant thereto. The term
ADMINISTRATIVE DECISION
is defined in Section I of the "Administrative Review Act."
('71 Code, § 2-12-2)
(A) When a property owner or his agent shows that a strict application of the terms of the zoning chapter relating to the use, construction or alteration of buildings or structures or the use of land, imposes upon him, practical difficulties or particular hardship, then the Board of Appeals may recommend such variances of the strict application of the terms of the zoning chapter as are in harmony with its general purpose and intent when the Board is satisfied, under the evidence heard before it, that such a variance will not merely serve as a convenience to the applicant, but is necessary to alleviate some demonstrable hardship or difficulty so great as to warrant a variance from the provisions of the zoning chapter, or in the following instances:
(1) To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown on record prior to the date of passage of the zoning chapter.
(2) To permit a front yard, a side yard or a rear yard less than that required by the zoning chapter, but such variation shall not exceed 25% of the depth of front yard, or the depth of the rear yard, or the width of the side yard, as required by the zoning chapter.
(3) To permit a building to exceed the height limit by not more than 10% of the height limit established by the zoning chapter.
(4) To permit the use of a lot less in area by not more than 20% of the lot area required by the zoning chapter.
(5) To permit the use of a lot less in width by not more than 20% of the lot width as required by the zoning chapter.
(6) To permit coverage of a lot in excess of 35% of the lot area but not more than 50% of the lot area as required by the zoning chapter.
(7) To interpret the provisions of the zoning chapter where the street layout actually on the ground varies from the street layout as shown on the zoning chapter of the city fixing the several districts.
(B) In considering all proposed variations to the zoning chapter, the Board shall, before recommending any variation from the zoning chapter in a specific case, first determine and make a finding of fact that the property in question cannot yield a reasonable return if permitted to use used only under the conditions allowed by the regulations in that zone; the plight of the owner is due to unique circumstances; and the variance, if granted, will not alter the essential character of the locality. A variance shall be permitted only if the evidence, in the judgment of the Board of Appeals, sustains each of the three conditions enumerated; and further, the proposed variation will not impair an adequate supply of light and air to adjacent property, unreasonably increase the congestion in public streets, increase the danger of fire or endanger the public safety, unreasonably diminish or impair established property values within the surrounding area or in any other respect impair the public health, safety, comfort, morals and welfare of the inhabitants of the city.
(C) No variance shall be made except in a specific case and after a public hearing before the Board of Appeals of which there shall be a notice of the time and place of the hearing published at least once, not more than 30 days nor less than 15 days before the hearing, in one or more newspapers published in the city. This notice shall contain the particular location for which the variance is requested as well as a statement of what the proposed variance consists.
(D) The Board shall report its findings and recommendations to the Council within 15 days after the public hearing.
('71 Code, § 2-12-3)
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