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(A) All meetings of the Committee and all hearings shall be open to the public.
(B) Meetings shall be held at the call of the chairman and at such other times as the Committee may determine. Meetings may be called at the request of any member of the Committee.
(C) The Committee shall keep minutes of its proceedings showing the vote of each member upon every question decided by it, or, if any member is absent or fails to vote, indicating that fact.
(1) A statement of the facts found by the Committee shall be included in the minutes of each case heard or considered by it.
(2) The reason for recommending or denying an exception, as herein provided, also shall appear in the minutes.
(3) In every instance, a statement of the facts upon which the recommendations are based shall appear in the minutes.
(4) The minutes of the Committee shall be open to public examination at reasonable hours.
(D) The Committee shall adopt its own rules of procedure, a copy of which, and all amendments thereto, shall be filed in the office of the City Clerk.
(Ord. 1288, passed 9-16-03)
(A) The Committee shall hear and decide appeals from, and review any order, requirement, decision or determination made by the administrative official charged with the enforcement of this chapter.
(B) The Zoning Committee also shall hear all applications for variations to the provisions of this chapter and shall submit its recommendations, based upon a finding of fact, for enactment in an amended ordinance. The Committee shall not have the power to grant a variation until a public hearing has been held by the Zoning Committee, pursuant to notice and upon receiving the Committee’s report with a finding of fact.
(C) The Committee shall have no authority to authorize change in the use of any parcel of property or structure.
(D) The concurring vote of two members of the Committee shall be necessary to reverse any order, requirement, decision or determination of the officer from whom an appeal is taken or to decide in favor of the applicant any matter in which the Committee is required to pass under the provisions of this chapter.
(Ord. 1288, passed 9-16-03)
(A) Any person aggrieved by a ruling of the Building Inspector, respecting the interpretation of this chapter or any officer, department, board or bureau of the city affected by a ruling of the Building Inspector concerning the interpretation of this chapter may take an appeal to the Committee.
(B) The appeal shall be taken within the time as shall be prescribed by the Committee by general rules adopted by it and shall be taken by filing with the Building Inspector and with the Zoning Committee a notice of appeal, specifying the grounds thereof, together with the plats and exhibits as are reasonably necessary.
(C) The appeal shall be taken upon forms provided by the Committee. The Building Inspector forthwith shall transmit to the Committee all of the papers constituting the record upon which the action appealed was taken.
(Ord. 1288, passed 9-16-03)
(A) The appeal referred to in § 156.163 shall stay all proceedings and furtherance of the action appealed from unless the Building Inspector certifies to the Committee after the notice of appeal has been filed with him or her that, by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Committee or by a court of record on application, with notice to the Building Inspector, and all due causes shown.
(B) The Zoning Committee shall fix a reasonable time and place for the hearing of appeals and shall give notice thereof to the person appealing and to the officer from whom the appeal is taken. It shall hear and decide the appeal within a reasonable time. At the hearing, parties of interest may appear in person or by agent or attorney.
(C) The Committee may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination as, in its opinion, ought to be made in the premises and to that end, shall have all the powers of the officer from whom the appeal is taken.
(Ord. 1288, passed 9-16-03)
(A) The City Council, by ordinance, may authorize in the manner provided by law variations from the provisions of this chapter where there are practical difficulties or particular hardships in the way of carrying out the strict letter of any of the provisions of this chapter relating to the use, construction or alteration of buildings or structures in the use of land. No variation shall be made except in a specific case and after a public hearing before the Committee, pursuant to notice and after a report with findings of fact of the Zoning Committee, as provided by the laws of this state.
(B) No variation shall be allowed:
(1) To permit a nonconforming use which will interfere materially with the use of adjoining premises in conformity with the regulations applicable to the use district in which it is located.
(2) To permit a billboard to be erected or maintained.
(3) To permit a nonconforming use in any residence district, except where there are two or more similar nonconforming uses in the same block, a variation may be allowed:
(a) To alter or remodel a family residence so as to provide for two dwelling units therein;
(b) To erect a two-family dwelling in a one-family district; and
(c) To erect, reconstruct, alter or remodel a building in a one-family district for an apartment.
(4) To permit a nonconforming manufacturing district use in a business district:
(a) Unless it is an extension of a permitted nonconforming use by enlarging a building or erecting additional buildings as part of one establishment upon a lot or lots adjoining a lot on which the nonconforming use exists; or
(b) Unless a separate tract, the title of which was of record on the effective date of this chapter, is divided by a district boundary line, but the variation shall be limited to the use permitted in the adjoining district and shall not be extended more than 25 feet beyond the district boundary lines.
(C) Any application for a variance for permanent structure under this section for yards and lot areas may, at the city’s discretion, be accompanied by a survey establishing the application boundary lines by a licensed surveyor, if the city deems such survey necessary to establish the boundary lines.
(Ord. 1288, passed 9-16-03; Am. Ord. 1313, passed 2-15-05; Am. Ord. 1431, passed 5-17-11; Am. Ord. 1443, passed 10-18-11)
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