(a) Application. All applications to the ZBA shall be filed with the Building Department, on forms provided by the City, and shall be accompanied by the applicable fee established by resolution of the City Council. Applications shall include all plans, studies and other information and data to be relied upon by the applicant. Applications involving a request for a variance shall specify the requirements from which a variance is sought.
(b) Plot Plans. Applications involving a specific site shall be accompanied by a sketch which includes the following information, where applicable:
(1) Applicant's name, address, and telephone number.
(2) Scale, north point and dates of submission and revisions.
(4) Existing lot lines, building lines, structures, parking areas, driveways, and other improvements on the site and within fifty (50) feet of the site.
(5) Proposed lot lines and lot dimensions, and general layout of proposed structures, parking areas, driveways, and other improvements on the site.
(6) Dimensions, centerlines, and right-of-way widths of all abutting streets and alleys.
(7) Location of existing drainage courses, floodplains, lakes and streams, and woodlots.
(8) All existing and proposed easements.
(9) Location of sanitary sewer or septic systems, existing and proposed.
(10) Location and size of watermains, well sites, and building service, existing and proposed.
(11) Any additional information required by the Zoning Board of Appeals to make the determination requested herein.
Where an application requests a variance sought in conjunction with a regular site plan review, a site plan prepared according to Section 1296.01 shall satisfy the requirements of this section.
The Zoning Board of Appeals has the authority to require a land survey prepared by a registered land surveyor or registered engineer when the ZBA determines it to be necessary to insure accuracy of the plan.
The ZBA shall have no obligation to consider and/or grant a request for relief unless and until a conforming and complete application has been filed; including relevant plans, studies and other information.
(c) Applications Involving an Appeal of Administrative Order. In a case involving an appeal from an action of an administrative official or entity, the administrative official, or the clerk or secretary of the administrative entity, as the case may be, shall transmit to the ZBA copies of all papers constituting the record upon which the action was taken, together with a letter specifying an explanation of the action taken.
(d) Consent of Property Owner Required. Applications to the ZBA shall be made with the full knowledge and written consent of all owners of the property in question. This requirement shall include the consent of a land contract seller to the relief sought by a land contract purchaser.
(e) Notice. The City shall provide written notice of the hearing of an appeal, variance, or interpretation in accordance with the provisions in Section 1262.07(F) of the Zoning Ordinance.
(f) Stay of Proceedings. An appeal shall have the effect of staying all proceedings in furtherance of the action being appealed (with the exception of court proceedings already in process) unless the officer or entity from whom the appeal is taken certifies to the ZBA that, by reason of facts stated in such certification, a stay would in his or her opinion cause imminent peril to life or property, in which case proceedings shall not be stayed unless specifically determined by the ZBA, or by a court of competent jurisdiction.
(g) Decision by the Zoning Board of Appeals. The concurring vote of a majority of the membership of the ZBA shall be necessary to reverse any order, requirement decision, or determination of an administrative official, board of commission made in the administration of this chapter, to decide in favor of an applicant on any matter upon which the ZBA is required to pass under this chapter, or to grant a "non-use" variance from the terms of this chapter; and a two-thirds (2/3) majority vote of the members of the ZBA is required to grant a use variance.
(Res. 08-363A. Effective 12-3-08.)