The Board of Zoning Appeals shall have the following powers and duties:
(a) Administrative Review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the administrative official in the enforcement of this Zoning Ordinance.
(b) Conditional Uses: Conditions Governing Applications and Procedures. To hear, decide on and authorize only such conditional uses as the Board is specifically authorized to pass on by the terms of this Zoning Ordinance; to decide such questions as are involved in determining whether conditional uses should be granted; and to authorize conditional uses with such conditions and safeguards as are appropriate under this Zoning Ordinance; or to deny conditional uses when
not in harmony with the purpose and intent of this Zoning Ordinance. A conditional use shall not be authorized by the Board unless and until:
(1) A written application for a conditional use is submitted indicating the section of this Zoning Ordinance under which the conditional use is sought.
(Ord. A-2530. Passed 2-27-73.)
(2) Notice shall be given at least thirty days in advance of a public hearing in a local newspaper. The owner of the property for which the conditional use is sought, or his agent, as well as the abutting property owner, shall be notified by mail. Notice of such hearings shall be posted on the property for which the conditional use is sought, at City Hall and in one other place at least ten days prior to the public hearing.
(Ord. 0-576. Passed 10-10-89.)
(3) The public hearing shall be held. Any party may appear in person or by agent or attorney.
(4) The Board shall make a finding that it is empowered, under the section of this Zoning Ordinance described in the application, to authorize the conditional use, and that the authorization of the conditional use will not adversely affect the public interest.
In authorizing any conditional use, the Board may prescribe appropriate conditions and safeguards in conformity with this Zoning Ordinance, and such additional conditions and safeguards as the Board may deem necessary for the protection of abutting properties and the public welfare. Violation of such conditions and safeguards when made a part of the terms under which the conditional use is authorized, shall be deemed a violation of this Zoning Ordinance and punishable under Section 1331.99. The Board shall prescribe a time limit within which the action for which the conditional use is required shall be begun or completed, or both. Failure to begin or complete such condition, or both, within the time limit set shall void the authorization for the conditional use. (Ord. A-2530. Passed 2-27-73.)
(c) Variances: Conditions Governing Applications and Procedure: To authorize upon appeal in specific cases such variance from the terms of this Zoning Ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this Zoning Ordinance would result in unnecessary hardship. A variance from the terms of this Zoning Ordinance shall not be granted by the Board unless and until:
(1) A written application for variance is submitted demonstrating that:
A. Special conditions and circumstances exist which are peculiar to the land, structure or building involved, and which are not generally applicable to other lands, structures or buildings in the same district or vicinity.
B. A literal interpretation of the provisions of this Zoning Ordinance would result in unnecessary hardship to the applicant.
C. The reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance to make possible the reasonable use of the land, building or structures.
D. The granting of the variance will be in harmony with the general purpose and intent of this Zoning Ordinance and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare, and will result in substantial justice being done.
(2) Notice of public hearing shall be given. See Paragraph (b)(2) hereof.
(3) The public hearing shall be held. Any party may appear in person or by agent or attorney.
(4) The Board shall make findings that requirements of paragraph (c)(1) hereof have been meet by the applicant for a variance.
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.
In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Zoning Ordinance. Violation of such conditions and safeguards when made a part of the terms under which the variance is granted, shall be deemed a violation of this Zoning Ordinance and punishable under Section 1331.99.
Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this Zoning Ordinance in the district involved, or any use expressly or by implication prohibited by the terms of this Zoning Ordinance in such district. (Ord. 3795. Passed 8-22-78.)
(d) Decisions of the Board. In exercising these powers, the Board may so long as such action is in conformity with the terms of this Zoning Ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, 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.
The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of the administrative official; or to decide in favor of the applicant on any matter upon which it is required to pass under this Zoning Ordinance; or to effect any variation in the application of this Zoning Ordinance. (Ord. A-2530. Passed 2-27-73.)