EDITOR’S NOTE: Article IV, Section 10 of the City Charter provides as follows:
SECTION 10. BOARD OF BUILDING AND ZONING APPEALS.
(a) Membership. Effective January 1, 2021, the Board of Zoning Appeals shall become the Board of Building and Zoning Appeals and shall consist of five (5) members, one of which shall be a member of the Planning Commission, appointed by the Mayor with the approval of a majority of members of Council. Members of this Board shall hold no other municipal office or appointment, except the one as a member of the Planning Commission. Effective January 1, 2021, the current Board of Zoning Appeals members shall continue to serve their terms in accordance with Article IV, Section 2(d). The current Board of Building Appeals members’ terms shall expire effective December 31, 2020.
(Amended 11-2-65; 11-3-20.)
(b) Powers.
(1) It shall be the duty of the Board of Building and Zoning Appeals to hear and decide applications for exceptions to and variances from the zoning ordinances of the Municipality and to hear and decide all appeals from orders, decisions and regulations of municipal administrative officials or agencies in regard to the zoning ordinances. The Board shall not permit any exception or variance from the zoning ordinances unless it finds that a practical difficulty or unnecessary hardship would exist as a result of the literal application of the zoning ordinances because of some peculiarity of the property in question as distinct from the other properties in the same district. In such cases the granting of the exception or variance must not be detrimental to the public welfare or injurious to the property in the immediate surrounding area, and must be in keeping with the general purpose, intent and objective of the municipal zoning ordinances.
(2) The Board shall also hear and decide appeals from any order, decision or determination of any administrative official or agency of the Municipality relating to the interpretation or application of the Building Code or such other related ordinances as may be determined by Council.
(Amended 11-2-65; 11-3-20.)
1233.01 Board established; defined; membership; organization.
1233.02 Meetings and records.
1233.03 Appeals and approvals.
1233.04 Powers and duties.
CROSS REFERENCES
Established - see CHTR. Art. IV, Sec. 1
Membership; powers - see CHTR. Art. IV, Sec. 10