Appeals and applications as permitted in this Zoning Code shall conform to the requirements of this chapter.

(Prior code § 153.025; Ord. 322-1976)

It is the purpose of this chapter to establish procedures and requirements for the hearing of appeals and applications. As specified in this chapter, the Board of Zoning Appeals has appellate jurisdiction relative to appeals and applications.

(Prior code § 153.026; Ord. 322-1976)

Any order to comply with the Zoning Code may be appealed to the Board of Zoning Appeals by any persons adversely affected by such order, provided, however, that Council has by ordinance delegated the authority and jurisdiction to the Board on the subject matter of the order. The appeal shall be filed within twenty days after the order is served to the person adversely affected by the order.

(Prior code § 153.027; Ord. 763-1996; Ord. 759-1992; Ord. 508-1982; Ord. 322-1976)

An appeal or application shall be perfected by the appellant's or applicant's filing with the secretary of the Board of Zoning Appeals a written appeal or application containing:

A.

The name, address, and phone number of the appellant or applicant or their representative involved;

B.

A description of the property involved;

C.

A description of the nature of the appeal or variance requested;

D.

A narrative statement demonstrating the compatibility of the variance with neighboring properties;

E.

Plans of the site indicating the location of all buildings, parking and loading areas, traffic access and circulation, open spaces, landscaping, refuse and service areas, utilities, signs, yards, or such other information necessary to properly evaluate the request;

F.

1.

A nonrefundable fee, payable in cash or certified check, to reimburse the City for such expenses as clerical, drafting, engineering, investigation, public notice and hearing, and advertising incident to the processing of the appeal or application, as follows:

a.

For an appeal, two hundred fifty dollars;

b.

For an application, two hundred fifty dollars.

2.

No fee shall be required if the appellant or applicant is a governmental agency.

(Prior code § 153.028; Ord. 78-1991; Ord. 322-1976)

(Ord. 20-2023)

Immediately after the filing of an appeal or application, the secretary of the Board of Zoning Appeals shall transmit a copy to the planning staff for investigation and study. Any appeal or application shall be transmitted to the Director and they shall endorse thereon their reason for refusing to grant the permit requested.

(Prior code § 153.029; Ord. 322-1976)

(Ord. 20-2023; Ord. 3-2025)

Editor's note— Ord. 3-2025, § 7, adopted Jan. 6, 2025, amended § 153.422 and in doing so changed the title of said section from "Transmission to planning staff and Superintendent" to "Transmission to planning staff and Director" as set out herein.

The Board of Zoning Appeals shall hold a public hearing on all appeals and applications. Before holding such hearing on an appeal, the Board shall give public notice at least ten days but not more than fifteen days before the date of such hearing. No public notice shall be required for an application.

(Prior code § 153.030; Ord. 322-1976)

The planning staff shall investigate the appeal or application prior to the Board of Zoning Appeal's public hearing, and shall recommend its approval, modification, or denial. This recommendation shall be transmitted to the Board and presented at the required public hearing.

(Prior code § 153.031; Ord. 322-1976)

Following the required public hearing, the Board of Zoning Appeals shall take action on the appeal or application. The concurrence of at least three members shall be required for action. Such action shall be in the form of a motion either approving, approving with conditions, or disapproving the appeal or application, or taking time or continuing the matter. The Board may prescribe appropriate conditions and safeguards in conformity with this Zoning Code, and a violation of any of such conditions and safeguards, when made a part of the terms under which the appeal or application is granted, shall be deemed a violation of this Zoning Code. The Board shall further make a finding that the reasons set forth in the appeal or application justify its being granted to make possible a reasonable use of the land, building, or structure. Penalty, see § 153.199.

(Prior code § 153.032; Ord. 322-1976)

A.

After a decision is made by the Board of Zoning Appeals, any party may request the reopening of the appeal or application for further consideration. Such reopening shall be initiated in the same manner as the original appeal or application, except that the nonrefundable fee shall be the same fee as the original BZA appeal or application fee. The Board is not required to grant the reopening of an appeal or application even if the fee is paid. A reopening shall consider only amendments in the nature of the original Board decision. Procedures for consideration of a reopening shall follow those for the original appeal, except that public notice shall not be required.

(Prior code § 153.033; Ord. 78-1991; Ord. 322-1976; Ord. 20-2023)

Any appeal or application granted by the Board of Zoning Appeals shall not be personal, but shall run with the land. It shall be automatically cancelled, however, if not exercised within two years following its passage or if the area in which it is located is rezoned before it is exercised. At any time thereafter, an appeal or application voided by the above provisions may be renewed by the Board, giving consideration to changes in the neighborhood or zoning. Such renewal shall follow the reopening procedures described in Section 153.430.

(Prior code § 153.034; Ord. 322-1976)