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The Board of Zoning Adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of these regulations. Meetings shall be held on a regular schedule and at such other times as the board may determine. All meetings shall be open to the public with public notice of the meeting and business to be carried on published in a newspaper of general circulation in the city, at least one time seven days prior to the meeting. The Board of Zoning Adjustment shall keep minutes of its vote, indicating such fact, and it shall keep records of its examinations and other official actions, all of which shall be a public record. The concurring vote of a majority of the total board members shall be necessary to revise any order or decision of the administrative officer, or to decide on any matter upon which it is required to pass. The administrative official shall attend each meeting of the board and shall bring all plans, specifications, plats, and papers relating to any case before the board for determination.
(Ord. 2017-05-635, passed 5-2-17; Am. Ord. 2023-06-1054, passed 6--23)
The Board of Zoning Adjustment shall have all the powers and duties prescribed by law and by these regulations, which are more particularly described as follows:
(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 these regulations. The board may affirm or reverse, in whole or in part, said decision of the administrative official.
(B) Variance. To hear requests for a variance from the terms of the zoning regulations in this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of these regulations would result in unnecessary hardship that would deprive the owner of any reasonable use of the land or building involved. A variance from the terms of these zoning regulations shall not be granted by the Board of Zoning Adjustment unless and until:
(1) The applicant demonstrates that special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district; that literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of these regulations; that special conditions and circumstances do not result from the actions of the applicant; and that granting the variance requested will not confer on the applicant any special privilege that is denied by the zoning regulations to other lands, structures, or buildings in the same district.
(2) No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.
(3) The Board of Zoning Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of land, building, or structure.
(4) The Board of Zoning Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of these zoning regulations, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(5) In granting any variance, the Board of Zoning Adjustment may prescribe appropriate conditions and safeguards that it deems necessary or desirable. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of these regulations.
(6) Under no circumstances shall the Board of Zoning Adjustment grant a variance to allow a use not permissible under the terms of these zoning regulations in the district involved, or any use expressly, or by implication, prohibited by the terms of these regulations in said district.
(C) Special exceptions. In addition to the powers and duties specified above, the Board of Zoning Adjustment shall also have the following powers and duties to hold public hearings and decide the following special exceptions:
(1) Interpret zoning district boundaries, upon appeal of the zoning official's determination and where uncertainty exists, as to the boundaries of the zoning districts, or when the street or property lines existing on the ground are at variance with those shown on the zoning district map.
(2) Determine the amount of parking required for a use not listed herein.
(3) Vary the parking regulations by not more than 25% where it is conclusively shown that the specific use of a building would make unnecessary the parking spaces otherwise required by these regulations.
(4) Permit an addition to a nonconforming structure provided that said addition conforms to all building code requirements, and further provided that the current use of the structure conforms to the zoning district in which it is located.
(Ord. 2017-05-635, passed 5-2-17; Am. Ord. 2023-06-1054, passed 6--23)
(A) Appeal and application. Appeals to the Board of Zoning Adjustment under this chapter may be taken by any person aggrieved by a decision of the administrative official. All appeals and applications made to the board shall be made in writing within ten business days after the decision has been rendered by the administrative official. Every appeal or application shall refer to the specific provision of the code involved and shall exactly set forth:
(1) If applicable, the interpretation that is claimed;
(2) The use for which the permit is sought;
(3) If applicable, the details of the variance that is applied for, and the grounds on which it is claimed that the variance should be granted, as the case may be;
(4) The appeal or application shall be filed with the City Clerk. The City Clerk shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.
(B) Hearing and notice. The board shall fix a reasonable time for the public hearing of an application or appeal, give public notice of the time and place thereof, as well as due notice to the parties in interest, and decide same within a reasonable time.
(C) Effect of appeal. An appeal shall stay all proceedings of the action appealed from, unless the person affected by such appeal certifies to the board, 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 such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or a court of record on application, and notice to the person from whom the appeal was taken.
(D) Time limit on permits. No order permitting the use of a building or premises, or the alteration or erection of a building, shall be valid for a period longer than one year, unless such use is established or the erection or alteration is started within such period, and proceeds to completion in accordance with the terms of a building permit.
(E) Appeals from Board of Zoning Adjustment. Any person aggrieved by any decision of the Board of Zoning Adjustment may seek review by a court of record of such decision, in the manner provided by state law.
(Ord. 2017-05-635, passed 5-2-17; Am. Ord 2019-09-861, passed 9-3-19; Am. Ord. 2023-06-1054, passed 6--23)
ADMINISTRATION AND ENFORCEMENT
The provisions of these zoning regulations shall be administered by the Building Department, under the direction of the building/zoning official, who shall act as an administrative official. The official may be provided with the assistance of such other persons as the mayor may direct. It shall be the duty of the administrative official to see that these regulations are enforced through the proper legal channels. Appeal from the decision of the administrative official may be made to the Board of Zoning Adjustment. The administrative official, and his designees, are generally empowered to carry out or conduct any activities essential to the proper administration and enforcement of these regulations; said activities to include, but not be limited to, the following:
(A) Permits. To issue a, building permit, and certificate of occupancy when compliance is made with these regulations; to refuse to issue the same in the event of noncompliance; and to give written notice of such refusal and reason thereof to the applicant.
(B) Collections. To cause the collection of the designated fees as set forth in these regulations.
(C) Records. To make and to keep all records necessary and appropriate to the office, including records of the issuance and denial of all building permits, and certificates of occupancy, and the receipt of complaints of violation of these regulations and action taken on the same, and to file such for record.
(D) Inspections. To inspect any building or land to determine whether violations of these regulations have been committed or exist.
(E) Enforcement. To enforce these regulations and take all necessary steps to remedy any condition found in violation. The city may enjoin any individual or property owner who is in violation of these regulations to prevent or correct such violation. Any individual aggrieved by a violation of these regulations may request an injunction against any individual or property owner in violation of these regulations, or may mandamus any official to enforce the provisions of these regulations.
(F) Advisements. To keep the mayor, City Council, Planning Commission, and Board of Zoning Adjustment advised of all matters other than routine that relate to the administration and enforcement of these regulations.
(Ord. 2017-05-635, passed 5-2-17)
(A) It shall be unlawful to commence the construction, reconstruction, moving, demolition or structural alteration of any building until a building permit has been issued. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of these regulations and other applicable building codes, laws, or regulations. Compliance with paved parking and other site standards shall be achieved as a condition a change of use for commercial, industrial and multifamily purposes.
(B) All applications for building permits shall be accompanied by a reproducible plan drawn to scale, showing the size of the building to be erected and its location on the zoning lot, the location of any existing buildings or structures, location and dimensions of all driveways and parking or loading areas, drainage and such other information as may be necessary to provide for the administration of these regulations.
(C) Site plans shall be required for all multi-family development proposals of three units or more, as well as for all new commercial and industrial development, and substantial redevelopment. Such plans shall be reviewed and approved by Planning Commission. Complete requirements for site plans are included in the appendices hereto.
(Ord. 2017-05-635, passed 5-2-17; Am. Ord. 2023-06-1054, passed 6--23)
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