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The Building and Zoning Appeals Board shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Part. Meetings shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be public record and be immediately filed in the office of the Board.
The Board of Building and Zoning Appeals shall have the following responsibilities and powers as they relate to this Part:
(a) Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation or determination made by the Zoning Inspector.
(b) Authorize such variances as will not be contrary to the public interest, where, owing to the special conditions, a literal enforcement of this Part will result in unnecessary hardship, and so that the spirit of this Zoning Code shall be observed and substantial justice done. Procedures for variances shall conform to Section 1105.33
, Variances.
(c) Hear applications for and decide upon requests for conditional uses.
The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Inspector or to decide in favor of the applicant on any matter upon which it is required to pass under this Part or to effect any variation in its application.
The Board may call on the several City departments for assistance in the performance of its duties and it shall be the duty of such departments to render such assistance to the Board as may reasonably be required.
It is Council’s intent that all questions of interpretation and enforcement of this Part, except as otherwise specified, shall be first presented to the Zoning Inspector and that the questions shall be presented to the Building and Zoning Appeals Board only on appeal from the decision of the Zoning Inspector and that recourse from the decisions of the Board shall be to the courts as provided by law. It is further the intent of this Part that the duties of Council in connection with this Part shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this section and this Part. Under this Part, Council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this Part as provided by law and approving or rejecting planned unit development projects. Nothing in this Part shall be interpreted to prevent any official of the City from appealing a decision of the Board to the courts as provided by law. Any such appeal shall be made within ten days of the Board's written decision.
Appeals to the Building and Zoning Appeals Board concerning interpretation or administration of this Part may be taken by any person aggrieved or by any officer or bureau of the legislative authority of the City affected by any decision of the Zoning Inspector. The appeal shall be taken within thirty days after the decision by filing, with the Zoning Inspector and with the Board, a notice of appeal specifying the grounds upon which the appeal is being taken. The Zoning Inspector shall transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
An appeal stays all proceedings in furtherance of the action appealed from, unless the Zoning Inspector from whom the appeal is taken certifies to the Building and Zoning Appeals Board after the notice of appeal is filed with him, that by reason of facts stated in the application, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board or by a court of record on application, on notice to the Zoning Inspector from whom the appeal is taken on due cause shown.
No building or other structure shall be erected, moved, added to or structurally altered, nor shall any building, structure or land be established or changed in use without a permit issued by the Zoning Inspector. Zoning permits shall be issued only in conformity with the provisions of this Part unless the Zoning Inspector receives a written order from the Building and Zoning Appeals Board deciding an appeal or variance, or from the Planning Commission approving a conditional use or from Council approving a planned unit development district, as provided by this Part.
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