(A) A Zoning Board is hereby established which shall consist of five members to be appointed by the City Council, each for a term of three years. Members of the Zoning Board may be removed from office by the City Council for cause upon written charges and after public hearing. Vacancies shall be filled by resolution of the City Council for the unexpired term of the member affected.
(1) Proceedings of the Zoning Board.
(a) The Zoning Board shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of this chapter. Meetings shall be held at the call of the Chairperson and at such times as the Board may determine. The Chairperson, or in his or her absence the acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.
(b) The Zoning 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 a public record and be immediately filed in the office of the City Secretary.
(2) Appeals; hearings; notices.
(a) Any person aggrieved, or any official or department of the governing body of the city affected by any decision or judgement of the Building Official concerning interpretation or administration of this chapter, may appeal such decision or judgement to the Zoning Board. Such appeals shall be taken within a reasonable time, not to exceed ten days or such other period as may be provided by the rules of the Board, by filing with the Zoning Board a notice of appeal accompanied by a fee as established by the City Council specifying the grounds thereof. The City Secretary shall forthwith transmit to the Council all papers constituting the record upon which the action appealed from was taken.
(b) The City Council shall fix a reasonable time for the hearing of appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.
(3) Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the City Secretary from whom the appeal is taken certified to the Zoning Board after notice of appeal is filed, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Zoning Board or by a court of record on application, on notice to the City Secretary from whom the appeal is taken and on due cause shown.
(B) The City Council; powers and duties. The City Council shall have the following powers and duties:
(1) Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the City Council in the enforcement of the ordinance;
(2) Exceptions; conditions governing applications; procedures.
(a) To hear and decide only such exceptions or temporary use permits as the Zoning Board is specifically authorized to pass on by the terms of this chapter; to decide such questions as are involved in determining whether exceptions should be granted; and to grant exceptions with such conditions and safeguards as are appropriate under this chapter, or to deny exceptions when not in harmony with the purpose and intent of this chapter. An exception or temporary use permit shall not be granted by the Zoning Board unless and until:
1. A written application for an exception together with fee is submitted, accompanied by an accurate legal description, maps, site plans, drawings and any necessary data, indicating the section of this chapter under which the exception is sought and stating the grounds on which it is requested;
2. Notice shall be given of such public hearing to the owner of the property for which the exception is sought or his or her agent and to all owners of real property lying within 200 feet of the subject property, such notice to be given not less than ten days before the date set for hearing, to all such owners who have rendered their said property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing same, properly addressed and postage paid, in the city post office. Notice of the time and place of such hearing shall also be given by one publication in the official newspaper at least 15 days prior to such hearing. Failure of owners to receive notice of hearing shall in no way affect the validity of action taken.
3. The public hearing shall be held. Any party may appear in person, or by agent or attorney.
4. The Zoning Board shall make a finding that it is empowered under the section of this chapter described in the application to grant the exception, and that the granting of the exception will not adversely affect the public interest.
(b) In granting any exception, the Zoning Board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the exception is granted, shall be deemed a violation of this chapter and punishable under § 155.99. The Zoning Board shall prescribe a time limit within which the action for which the exception is required shall be begun or completed, or both. Failure to begin or complete, or both, such actions within the time limit set shall void the exception.
(3) Variances; conditions governing applications; procedures.
(a) To authorize upon appeal is specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. A variance from the terms of this chapter shall not be granted by the Zoning Board unless and until:
1. A written application for variance together with fee is, submitted, accompanied by an accurate legal description, maps, site plans, drawings and any necessary data, demonstrating:
a. Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district;
b. Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;
c. The special conditions and circumstances do not result from the actions of the applicant;
d. Granting the variance requested will not confer on the applicant any special privilege that is denied by the ordinance to other lands, structures or buildings in the same district; and
e. No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted use of lands, structures or buildings in other districts shall be considered grounds for the issuance of a variance.
2. Notice of public hearing shall be given as in division (B)(2)(a)2. above;
3. The public hearing shall be held. Any party may appear in person or by agent or by attorney;
4. The Zoning Board shall make findings that the requirements of division (B)(3)(a)1. above;
5. The Zoning Board shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure; and
6. The Zoning Board shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
(b) In granting any variance, the Zoning Board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under the variance is granted, shall be deemed a violation of this chapter and punishable under § 155.99.
(c) Under no circumstances shall the Zoning Board grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.
(4) Decisions of the Zoning Board.
(a) In exercising the above mentioned powers, the Zoning Board may, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from and may make such order, requirements, decision or determination as ought to be made, and to that end shall have powers of the administrative official from whom the appeal is taken.
(b) The concurring vote of four of the members of the Board shall be necessary to reverse any order, requirement, decision or determination of the City Secretary, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in the application of this chapter.
(C) Appeals from the Zoning Board. Any person or persons, or any board, taxpayer, department, board or bureau of the city aggrieved by any decision of the Zoning Board may seek review by the court of record of such decision, in the manner provided by the laws of the state.
(Ord. passed 9-5-1994)