(a)   A Board of Zoning Appeals is hereby created. Such Board shall consist of five members, to be appointed by Council, all of whom shall be residents of the City. The terms of all members shall be of such length and so arranged that the term of one member will expire each year. Each member shall serve until his successor is appointed and qualified. Members of the Board shall be removable as provided in Section 7.11 of the Charter. Vacancies shall be filled by Council and shall be for the unexpired term.

   (EDITOR'S NOTE: Subsection (a) hereof was amended to conform to the Charter adopted by the voters on November 6, 1991.)

   (b)   The Board shall organize and adopt rules in accordance with the provisions of these regulations. Meetings of the Board 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 the Board may compel the attendance of witnesses. All meetings of the Board shall be open to the public and all business of the Board shall be transacted at such meetings. 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 immediately filed in the office of the Board and shall be a public record.

   (c)   Appeals to the Board may be taken by any person aggrieved. Such appeal shall be taken within twenty days after the decision appealed by filing with the officer from whom the appeal is taken and with the Board a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. The Board shall fix a reasonable time for the hearing of the appeal, give ten days notice to the parties in interest, and decide the same within a reasonable time after it is submitted. Upon the hearing, any party may appear in person or by attorney. Such appeals shall be accompanied by payment of such fees as Council may determine from time to time.

(Ord. 1775. Passed 10-22-73.)

   The Board of Zoning Appeals shall have the following powers:

   (a)   To Interpret the Zoning Code, Specifically:

      (1)   To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Building Inspector in the enforcement of this Zoning Code;

      (2)   To permit the extension of a district where the boundary line of a district divides a lot held in a single ownership at the time of the passage of this Zoning Code; and

      (3)   To interpret the provisions of this Zoning Code in such a way as to carry out the intent and purpose of the plan, as shown upon the Zoning District Map fixing the several districts, accompanying and made a part of this Zoning Code (see original Ordinance 1775, passed October 22, 1973) where the street layout on the ground varies from the street layout as shown on the Zoning District Map.

   (b)   To Permit the Following Two Exceptions:

      (1)   The use of premises for public utility and railroad purposes or for a radio or television tower or broadcasting station; and

      (2)   The reconstruction of a nonconforming building that would otherwise be prohibited by Section 1252.13(d) where such action would not constitute continuation of a monopoly.

   (c)   To Permit the Following Two Variations:

      (1)   To vary the yard regulations where there is an exceptional or unusual physical condition of a lot, which condition is not generally prevalent in the neighborhood and which condition when related to the yard regulations of this Zoning Code would prevent a reasonable or sensible arrangement of buildings on the lot; and

      (2)   To vary the parking regulations when an applicant demonstrates conclusively that the specific use of a building would make unnecessary the parking spaces required by this Zoning Code, but provided that such a reduction is not more than fifty percent of the usual requirement.

   (d)   To Grant Conditional Use Permits:

      (1)   To hear and decide upon applications for conditional use permits specifically listed in the district regulations of this Zoning Code. Before authorizing the issuance of such a conditional use permit, the Board may impose such conditions as will, in the Board's judgment, insure that:

         A.   The establishment, maintenance or operation of the conditional use will

not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

         B.   The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

         C.   The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

         D.   Adequate utilities, access roads, drainage and/or other necessary facilities will be provided.

         E.   Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

         F.   The conditional use shall in all other respects conform to the applicable regulations of the district in which it is located, and the Board shall find that there is a public necessity for the conditional use.

(Ord. 1775. Passed 10-22-73.)

      (2)   Upon receiving a request for a conditional use permit, the Board shall set a date for a public hearing upon the proposed conditional use. In setting the date of such public hearing, Council shall give at least fifteen days notice thereof. Notice setting forth the time and place of such public hearing, the name and address of the applicant, the lot number and address of the property and the conditional use requested, shall be given by the Board in a newspaper of general circulation in the City.

(Ord. 1857. Passed 6-23-75.)

   (a)   Duties. It shall be the duty of the Building/ Zoning Inspector to enforce this Zoning Code. The Building/Zoning Inspector shall:

      (1)   Receive applications required by this Zoning Code, issue permits and furnish the prescribed certificates;

      (2)   Examine premises for which permits have been issued and make necessary inspections to see that the provisions of law have been met;

      (3)   Enforce all laws relating to the construction, alteration, repair, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures except as may be otherwise provided for;

      (4)   When requested by the Manager or Council, or when the interests of the Municipality so require, make investigations in connection with matters referred to in this Zoning Code and render written reports on the same; and

      (5)   For the purpose of enforcing compliance with law, issue such notices or orders as may be necessary. (Adopting Ordinance)

   (b)   Inspections. Inspections shall be made by the Building/Zoning Inspector or a duly appointed assistant.

   (c)   Rules. For carrying into effect its provisions, the Building/Zoning Inspector may adopt rules consistent with this Zoning Code.

   (d)   Records. The Building/Zoning Inspector shall keep careful and comprehensive records of applications, permits and certificates issued, inspections made, reports rendered and notices or orders issued. He shall retain on file copies of all papers in connection with building work so long as any part of the building or structure to which they relate may be in existence. All such records shall be open to public inspection at reasonable hours, but shall not be removed from the office of the Building/Zoning Inspector.

   (e)   Cooperation of Other Officials. The Building/Zoning Inspector may request and shall receive, so far as may be necessary in the discharge of his duties, the assistance and cooperation of the City Engineer in fixing grades, of the Chief of Police in enforcing orders, of the Municipal Attorney in prosecuting violations, and of other officials as appropriate.

   (a)   When Required. No person shall alter, repair, remove or demolish a building or structure, or commence the construction, alteration, removal, or demolition of a building or structure, without first filing with the Building/Zoning Inspector an application in writing and obtaining a formal permit therefore.

   (a)   For a Building. No building shall be occupied before a certificate of occupancy has been issued. A certificate of occupancy for a new building or the reconstruction or alteration of an existing building shall be applied for coincident with the application for a building permit and such certificate shall be issued within three days after the request for the same has been made in writing to the Building/Zoning Inspector after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this Zoning Code. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the Building/Zoning Inspector for a period not to exceed one year, during the completion of alterations or during partial occupancy of a building pending its completion. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owners or of the tenants relating to the use or occupancy of the premises or any other matter covered by this Zoning Code and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately insure the safety of the occupants.

   (b)   For Land. A certificate of occupancy for the use of vacant land or for a change in the character of the use of land as herein provided shall be applied for before any such land is occupied or used, and a certificate of occupancy shall be issued within three days after the application has been made, provided such use is in conformity with the provisions of this Zoning Code.

   (c)   Content. A certificate of occupancy shall state that the building or proposed use of a building or land complies with all of the building and health laws and ordinances and with the provisions of this Zoning Code. A record of all certificates shall be kept on file in the office of the Building/Zoning Inspector and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building affected. No fee shall be charged for a certificate of occupancy.

   (d)   For Nonconforming Uses. A certificate of occupancy shall be required of all nonconforming uses. An application for a certificate for a nonconforming use shall be filed within twelve months from the effective date of this Zoning Code.

(Ordinance 1775, passed October 22, 1973.)

   (e)   Excavation Permit. No permit for an excavation for any building shall be issued before application has been made for a certificate of occupancy.

(Ord. 1775. Passed 10-22-73.)

   EDITOR'S NOTE: See Chapter 248.

   Whoever violates or fails to comply with any of the provisions of this Zoning Code or builds or alters any building in violation of any detailed statement or plan submitted and approved hereunder, is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00) for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. The owner of any building or premises or part thereof where anything in violation of this Zoning Code is placed or exists, and any architect, builder, contractor, individual or corporation employed in connection therewith who assisted in the commission of any such violation, is guilty of a separate offense and shall be fined as herein provided.

(Ord. 1775. Passed 10-22-73.)