A Board of Zoning Appeals is hereby established. The word "Board", when used in this section, shall be construed to mean the Board of Zoning Appeals.
(a) Members. The Board shall consist of five (5) members. These members shall be residents of the City who are appointed by the Mayor and confirmed by Council. In connection with the first appointment of such members the terms shall be:: one for three years, two for four years, two for five years; the successor to each member so appointed shall serve for a term of five years. The Mayor and Council have the power to remove any member of the Board for cause after a public hearing. Vacancies in the Board shall be filled for the unexpired term of the member whose place has become vacant in the manner herein provided for the appointment of such member. No officer or employee of the City shall be a member.
(b) Procedures of the Board of Zoning Appeals: The Board of Zoning Appeals shall adopt rules necessary to the conduct of its affairs and hold meetings in keeping with the provisions of this Zoning Code. All meetings shall be open to the public. The Board shall keep a record of the proceedings before it showing the action of the Board, and the vote of each member upon each question considered. The Vice-Chairperson shall be responsible for taking minutes and recording proceedings or delegating those duties to another Board member. The presence of three members shall be necessary to constitute a quorum. All applications properly coming before the Board of Zoning Appeals shall be considered during an adjudicative hearing process as defined in Section 1105.09 (Adjudicative Hearing Requirements).
(c) Jurisdiction of Board of Zoning Appeals.
(1) Appeal to Board of Zoning Appeals.
A. An appeal from any action or ruling, except those related to Design Standards, of the Zoning Administrator based upon the provisions of this Zoning Code may be made to the Board of Zoning Appeals within thirty (30) calendar days from such action or the announcement of such ruling.
B. Within the period aforesaid, the appellant shall file with the Zoning Administrator and with the Board of Zoning Appeals a written notice of appeal, specifying the grounds thereof, accompanied by any fee which may be directed by Ordinance of Council.
C. The Zoning Administrator shall forthwith transmit to the Board all the papers constituting the record upon which the action or ruling appealed from was taken, and an adjudicative hearing shall be held on the matter in accordance with Section 1105.09 (Adjudicative Hearing Requirements).
(2) Variance.
A. The Board of Zoning Appeals upon written application therefore by a party in interest may authorize by permit a variation of the application of the regulations herein established as follows:
(i) Permit a variation in the minimum lot area, landscaping requirements under Chapter 1145, setback line, minimum floor area, off-street parking, and fencing requirements of any district when there are practical difficulties in implementing the provisions of this Zoning Code. The Board shall have no power to allow a change of use to one not permitted in the district.
(ii) The Board may adopt, amend and enforce such rules and regulations as it may deem necessary or desirable to carry on its functions and provide for the enforcement of this Zoning Code in accordance with the purpose and intent hereof.
(iii) The Board has the authority to attach to the issuance of a variance such conditions as it determines to be necessary for the general health, safety, and welfare, and the protection of neighboring properties, and failure to comply with such conditions shall render the variance null and void.
(iv) The Board may vote to delegate limited authority to the Zoning Administrator to issue variances within defined parameters adopted by the Board. Such delegation of authority shall only be given for frequently recurring cases where Board precedent has clearly prescribed appropriate conditions and safeguards to maintain the intent and spirit of the zoning district in conformity with this Zoning Code and as will not be contrary to the public interest.
(v) The Board may review applications for home occupations upon referral from the Zoning Administrator.
B. In making a determination whether a variance is to be granted, the Board shall determine whether the spirit and intent behind the zoning requirement is observed by granting the variance. The Board shall consider and weigh each of the following factors to the extent applicable in deciding if landowners have encountered "practical difficulties" in using their property:
(i) Whether there can be any beneficial use of the property without the variance regardless of financial consideration;
(ii) Whether the variance is substantial in relation to the Zoning Code requirement;
(iii) Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;
(iv) Whether the variance would adversely affect the delivery of governmental services (e.g., water, sewer, garbage);
(v) Whether the property owner purchased the property with knowledge of the zoning restriction;
(vi) Whether the property owner's predicament can be feasibly remedied through some method other than a variance.
(vii) Whether the spirit and intent behind the zoning requirement can be observed by granting the variance.
(viii) Whether the need for a variance is self-created.
C. Any variance lawfully granted by the Board of Zoning Appeals shall expire after one (1) year from the date of such approval unless, within such period, the applicant has received a Zoning and Building Permit
(3) Sign Variance. The Board of Zoning Appeals upon written application by a party in interest may authorize a variance for a sign which does not comply with the provisions of Chapter 1143 (Signs) if, in addition to the requirements of Section 1105.02(c)(2)B., it determines that all of the following factors are met:
A. The particular sign will be in harmony with the general purpose and intent of Chapter 1143 (Signs);
B. The sign will not be injurious to the immediate neighborhood or adjacent land use;
C. The sign is sufficiently compatible with the architectural and design character of the immediate neighborhood; and
D. The sign will not be hazardous to passing traffic or otherwise detrimental to the public safety and welfare.
In granting such variance, the Board shall specify the size, type, lighting mechanism, and location of the sign and impose such other reasonable terms, restrictions, and conditions as it may deem to be in the public interest.
(4) Nonconforming Uses. The Board shall administer the provisions of Section 1130.06 (Alterations of Nonconforming Uses) and all other sections of the Zoning Code that apply relative to nonconforming uses.
(5) Temporary Accessory Structures. Grant a variance for a temporary structure in a residential district which is incidental to the marketing of the residential development for a period of not more than one (1) year.
(d) Decisions of the Board of Zoning Appeals: For each request which appears before the Board of Zoning Appeals, the Board shall issue a separate written order incorporating the specific relief requested, the decision of the Board, and the basis for the Board's decision. The decision shall be forwarded to the Zoning Administrator who shall, upon receipt of a decision granting the requested relief, issue a Zoning Permit in conformity with the Board's decision, provided that the proposal complies in all other respects with the provisions of this Zoning Code, and applicable State and Federal Law. A permanent registry of the decisions of the Board shall be maintained permanently by address in the office of the Zoning Administrator.
(Ord. 106-2020. Passed 9-21-20.)