(1)

ESTABLISHMENT. The Board of Zoning Appeals shall hear appeals and applications, and grant variances and exceptions to the provisions of this Zoning Code in harmony with its purposes and intent.

(2)

MEMBERSHIP. The Board of Zoning Appeals shall consist of 5 members appointed by the Mayor and confirmed by the City Council.

(a)

Terms shall be for staggered 3 years periods.

(b)

Chairman shall be designated by the Mayor.

(c)

Two Alternate Members may be appointed by the Mayor for terms of 3 years and shall act only when a regular member is absent or refuses to vote because of interest.

(d)

One Member shall be a Plan Commissioner and one member shall be a registered architect, registered professional engineer, builder, or real estate appraiser.

(e)

Secretary shall be the City Clerk.

(f)

Building Inspector shall attend all meetings for the purpose of providing technical assistance when requested by the Board.

(g)

Vacancies shall be filled for the unexpired term in the same manner as appointments for a full term.

(3)

ORGANIZATION.

(a)

Rules of Procedure. The Board of Zoning Appeals shall organize and adopt rules of procedure for its own government in accordance with the provisions of this chapter.

(b)

Meetings shall be held at the call of the Chairman and shall be open to the public.

(c)

Minutes of the proceedings and a record of all actions shall be kept by the Secretary, showing the vote of each member upon each question, the reasons for the Board's determination, and its findings of fact. These records shall be immediately filed in the City Clerk's office and shall be a public record.

(4)

POWERS. The Board of Zoning Appeals shall have the following powers:

(a)

Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Building Inspector.

(b)

Variances. To hear and grant appeals for variances not contrary to the public interest, where, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit and purposes of this chapter shall be observed and the public safety, welfare and justice secured. Use variances shall not be granted.

(c)

Interpretations. To hear and decide application for interpretations of the zoning regulations and the boundaries of the zoning districts after the Plan Commission has made a review and recommendation.

(d)

Substitutions. To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses provided no structural alterations are to be made and the Plan Commission has made a review and recommendation. Whenever the Board permits such a substitution, the use may not thereafter be changed without application.

(e)

Unclassified Uses. To hear and grant applications for unclassified and unspecified uses provided that such uses are similar in character to the principal uses permitted in the district and the Plan Commission has made a review and recommendation.

(f)

Temporary Uses. To hear and grant applications for temporary uses, in any district provided that such uses are of a temporary nature, do not involve the erection of a substantial structure, and are compatible with the neighboring uses and the Plan Commission has made a review and recommendation. The permit shall be temporary, revocable, subject to any conditions required by the Board of Zoning Appeals, and shall be issued for a period not to exceed 12 months. Compliance with all other provisions of this chapter shall be required.

(g)

Permits. The Board may reverse, affirm wholly, or partly, modify the requirements appealed from, and may issue or direct the issue of a permit.

(5)

ASSISTANCE. The Board may request assistance from other City officers, departments, commissions and boards.

(6)

OATHS. The chairman may administer oaths and compel the attendance of witnesses.

(7)

APPEALS AND APPLICATIONS. Appeals from the decision of the Building Inspector concerning the literal enforcement of this chapter may be made by any person aggrieved or by any officer, department, board, or bureau of the City. Such appeals shall be filed with the secretary within 30 days after the date of written notice of the decision or order of the Building Inspector. Applications may be made by the owner or lessee of the structure, land, or water to be affected at any time and shall be filed with the secretary. Such appeals and application shall include the following:

(a)

Name and Address of the appellant or applicant and all abutting and opposite property owners of record.

(b)

Plot Plan showing all of the information required under section for a Building Permit.

(c)

Additional Information required by the Plan Commission, City Coordinator, Board of Zoning Appeals, or Building Inspector.

(8)

HEARINGS. The Board of Zoning Appeals shall fix a reasonable time and place for the hearing, give public notice thereof at least 10 days prior, and shall give due notice to the parties in interest, the Building Inspector, and the Plan Commission. At the hearing the appellant or applicant may appear in person or by agent.

(9)

FINDINGS ON VARIANCES. No variance to the provisions of this chapter shall be granted by the Board unless it finds that the following facts and conditions exist and so indicates in the minutes of its proceedings:

(a)

Exceptional Circumstances. There must be exceptional, extraordinary, or unusual circumstances or conditions applying to the lot or parcel, structure, use, or intended use that do not apply generally to other properties or uses in the same district and the granting of the variance would not be of so general or recurrent nature as to suggest that the Zoning Code should be changed.

(b)

Preservation of Property Rights. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.

(c)

Absence of Detriment. That the variance will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this chapter or the public interest.

(10)

DECISION.

(a)

The Board of Zoning Appeals shall decide all appeals and applications within 30 days after the final hearing and shall mail a signed copy of the board's decision to the appellant or applicant, Building Inspector and Plan Commission.

(b)

Conditions may be placed upon any building permit ordered or authorized by this Board.

(c)

Variances, substitutions or use permits granted by the Board shall expire within 6 months unless substantial work has commenced pursuant to such grant.

(d)

The majority vote of a quorum of the Board shall be necessary to correct an error, grant a variance, make an interpretation and permit a utility, temporary, unclassified or substituted use. (Rep. & recr. Ord. 2020-03)