(A) Appeal procedure. Any owner or operator affected by any notice of violation which has been issued under this chapter may request and shall be granted a hearing on the matter before the city Zoning Board of Appeals (ZBA). An appeal from a ruling of the Planning Commission or Zoning Administrator under this chapter concerning the enforcement of the provisions of this may be made to the ZBA within such time as shall be prescribed by ZBA in compliance with state statute. The applicant shall file with ZBA a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to ZBA all documents concerning the appeal. The notice requirements under state law shall be met as to the matters heard by ZBA.
(B) Hearings. ZBA shall fix a reasonable time for the hearing of an appeal and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney. ZBA actions shall be in the form of a resolution clearly setting forth ZBA decision. ZBA may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination, and to that end shall have all the powers of the office or board or commission from whom the appeal is taken.
(C) Decisions and powers of the city’s Zoning Board of Appeals.
(1) After a hearing, the ZBA may sustain, modify, or withdraw the notice of violation depending upon its findings. In rendering these determinations, the powers of the ZBA shall be strictly limited to making interpretations of the provisions of this chapter, to the applicability of its specific provisions to the specific case being heard, and to granting exemptions to the provisions of this chapter. In granting exemptions, the ZBA shall be allowed to grant an exemption if it clearly appears that, by reason of special condition, undue hardship would result from strict application of any section of the chapter. However, no exemption shall be granted if the same would result in either the purpose or intent of this chapter, or of any particular sections at issue, being nullified, in reviewing a request for an exemption, the ZBA shall consider the following to determine whether an exemption would be appropriate:
(a) Whether there are exceptional or extraordinary conditions applying to the property that do not apply to other similar properties;
(b) Whether the exceptional or extraordinary conditions resulted from the action of the property owner;
(c) Whether there exists alternative or equivalent methods or materials that would allow the purpose and intent of the particular sections at issue to be satisfied;
(d) Whether the granting of an exemption would result in a substantial detriment to the property; and
(e) Whether the exemption requested is the minimum exemption possible that would still allow the purpose and intent of the particular sections at issue should be met.
(2) The ZBA may permit an exemption for mandatory provisions in such a manner that public safety shall be secured, substantial justice done, and the spirit and intent of the provisions of this chapter are upheld. In no case shall this Board grant an exemption which would lessen the safety, health and welfare requirements of this chapter. Any exemptions granted shall be for this chapter and shall not, and cannot, waive the requirements and provisions of any other ordinance or law. All decisions rendered under this chapter shall be in writing and shall be final. A copy of the decision shall be mailed to the appellant at the address shown on the appeal. Failure of the appellant or his or her representative to appear and state his or her case at the hearing, shall have the same effect as if no appeal was filed and the ZBA shall proceed to deny the appeal and affirm the notice of violation.
(3) ZBA shall meet in a fixed place and all meetings shall be opened to the public. The ZBA shall keep a record of its proceedings, showing the actions of the ZBA and the vote of each member upon each question considered. These records shall be considered public records.
(4) The decision of ZBA shall be final. However, a party aggrieved by the order or decision may appeal the decision to a court of competent jurisdiction as provided by state statutes and court rules.
(Ord. passed 3-14-2019)