(A) This chapter shall be administered by the Zoning Officer. No land or structure shall be changed in use and no structure shall be erected, altered or moved until the Zoning Officer has issued a zoning permit certifying that the plans and intended use of land, building and structures are in conformity with this chapter.
(B) No land or structure shall be changed in use and no structure shall be erected, altered or moved until the Zoning Officer has issued a zoning permit certifying that the plans and intended use of land, buildings and structures are in conformity with this chapter.
(C) No land or structure hereafter erected, moved or altered in its use shall be used until the Zoning Officer shall have issued a certificate of zoning compliance stating that such land or structure is found to be in conformity with the provisions of this chapter.
(2009 Code, § 905.10)
(1) Board of Adjustment. There shall be a Board of Adjustment consisting of members of the Planning Commission. The terms of the members of the Board of Adjustment shall be concurrent with their terms as members of the Planning Commission.
(2009 Code, § 905.10.01)
(2) Appeals to the Board of Adjustment. Appeals to the Board of Adjustment may be taken by any person aggrieved. The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, giving public notice thereof, as well as due notice to the parties of interest, and decide the same within a reasonable time. At any hearing, any party may appear in person, or by agent or attorney.
(2009 Code, § 905.10.02)
(3) Powers of the Board of Adjustment. The Board of Adjustment shall have the following powers:
(a) To hear and decide appeals where it is alleged there is an error in any order, requirements, decisions or determinations made by the Zoning Officer;
(b) To hear and decide on special exceptions, variances, conditional use permits and all other matters referred to it or upon which it is required to pass under this chapter; and
(c) In passing upon variances, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this chapter to vary or modify the application of any of the regulations or provisions of this chapter so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.
(2009 Code, § 905.10.03)
(4) Reversing or affirming determination. In exercising the above-mentioned powers, such Board may 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 all the powers of the officers from whom the appeal is taken.
(2009 Code, § 905.10.04)
(5) Majority vote sufficient to reverse determination. The majority vote of the members of the Board shall be sufficient to reverse any order, requirement, decision or determination of the Zoning Officer, 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 this chapter.
(2009 Code, § 905.10.05)
(6) Board to adopt rules. The Board of Adjustment 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 other 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 meeting shall be open to the public.
(7) Board to keep minutes. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon question, or if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official actions, all of which shall be a public record and be immediately filed in the office of the City Administrator-Treasurer.
(2009 Code, § 905.10.07)
(8) Board actions. The Board of Adjustment shall always act with due consideration to promoting the public health, safety, convenience and welfare, encouraging the appropriate use of land and conserving property value, shall permit no building or use detrimental to a neighborhood, and may prescribe appropriate conditions and safeguards in each case. Any special variances or special exceptions granted by the Board of Adjustment shall be subject to appeal to the City Council but do not require Council action for approval or disapproval.
(2009 Code, § 905.10.08)