(a) The Building Code and Zoning Code shall be enforced by the Director of Public Safety under the rules and regulations of the Board of Zoning Appeals.
(b) The Board of Zoning Appeals shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of these Codified Ordinances or meet the requirements of the regulations of the City Charter as they apply to such Board.
(c) Any decision of the Chief Building Inspector or of the Director of Public Safety made in the enforcement of the Building Code or Zoning Code may be appealed to the Board of Zoning Appeals by any person claiming to be adversely affected by such decision.
(d) Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of the Building Code or Zoning Code, or where requests are made for exceptions to and variations in the application of the provisions of said Codes, the Board of Zoning Appeals shall have the power to hear the case in connection therewith and shall make such recommendation to Council as the Board may deem proper and just in each particular case. Such recommendation shall be in harmony with the general purpose and intent of these Codified Ordinances so that the public health, safety and general welfare may be secured and substantial justice done. Variances authorized by this section shall be nontransferable and shall expire when the holder of such variance discontinues using and/or maintaining such variance for six months or either transfers or surrenders possession of the subject property, whichever first occurs. Variances shall not be deemed to run with the land. Nothing in this subdivision shall be deemed to confer upon the Board the authority to recommend or consider a use variance under favor of this subdivision.
(e) When Council receives a recommendation from the Board recommending that an exception to or variation in the application of the provisions of the Building Code or Zoning Code, Council may, upon the concurrence of at least a majority of the members of Council, authorize and approve such recommendation.
If Council wishes to reject the recommendation of the Board, Council shall, upon the concurrence of not less than a majority of the members of Council, reject and deny said recommendation.
In no event shall such recommendation be authorized and approved without the concurrence of at least a majority of the members of Council, and such matter shall be retained on the agenda of Council until a determination is made pursuant to the terms of this division.
(f) In each case the Board of Zoning Appeals shall make recommendation to Council concerning the appeals made under this division. In no case shall any such recommendation be made without the concurrence of at least three members of the Board and such matter shall be retained on the agenda of the Board until a recommendation is made pursuant to the terms of this division.
(g) Where requests are made for variances in Single Family, Multi Family, Mixed Use, Apartment, Retail or Industrial use districts under the provisions of the Zoning Code, upon the request of Council, the Board of Zoning Appeals shall conduct a public hearing on such variance requests. Notice of such hearing shall be published in a newspaper of general circulation in the City at least ten days prior to the date of such hearing. Upon such hearing, the Board shall make such recommendation to Council as the Board deems proper and just in each case. Such recommendation shall be in harmony with the general purposes and intent of the Zoning Code so that the public health, safety and general welfare may be secured and substantial justice done. Upon receipt of the recommendation of the Board of Zoning Appeals, Council shall act in accordance with the provisions of subdivision (c) hereof.
(h) All persons making application to the Board of Zoning Appeals for a variance or variances from, and/or for an exception or exceptions to, the Zoning Code shall pay a nonrefundable application fee of fifty dollars ($50.00). This payment shall accompany the applicant's letter of request to the Secretary.
(i) If an appeal is denied, the appellant may resubmit a similar appeal to the Board no sooner than six months from the date of denial by Council. If the appellant has made substantial changes or amendments to the proposal, the appellant may submit such modified request for review at any time after denial.
(j) Notwithstanding any other provision of these Codified Ordinances, the Secretary of the Board of Zoning Appeals shall give notice of an application regarding the appeal of any section of Parts 11 and 13 of these Codified Ordinances to adjacent property owners. Said notice shall include a copy of the application and contain the date, time and place that the Board of Zoning Appeals will consider said application. The notice will be sent by regular mail to the adjacent property owner's address shown on the tax records.
(k) In addition to any other remedies provided by law, when legal proceedings are brought by the City against an individual or any entity to enforce any section of Parts 9, 11, 13 or 15 of these Codified Ordinances, the defendant shall be responsible for the City's attorney fees and litigation costs.
(Ord. 2001-48. Passed 8-21-01; Ord. 2005-41. Passed 5-17-05; Ord. 2010-14. Passed 3-23-10; Ord. 2012-56. Passed 11-20-12.)