Fairfield City Zoning Code
ZONING BOARD
OF APPEALS
§ 154.160 ESTABLISHED.
(A) There shall be a Zoning Board of Appeals consisting of seven members.
(B) The members shall be appointed by the Mayor with the approval of the City Council for terms to be established by the City Council.
(1986 Code, § 28.18.010) (Ord. 970, passed 8-15-1972)
§ 154.161 WHO MAY MAKE AN APPEAL.
Appeals to the Zoning Board of Appeals may be taken by any person aggrieved.
(1986 Code, § 28.18.020) (Ord. 970, passed 8-15-1972)
§ 154.162 HEARING; NOTIFICATION; REPRESENTATION.
The Zoning Board of Appeals shall fix a reasonable time for the hearing of an appeal, giving public notice thereof, as well as due notice to the parties in interest and decide the same within a reasonable time. At the hearing, any party may appear in person, or by agent or by attorney.
(1986 Code, § 28.18.030) (Ord. 970, passed 8-15-1972)
§ 154.163 POWERS.
(A) The powers of the Zoning Board of Appeals are:
(1) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Officer;
(2) To hear and decide on appeals, special exceptions, variances and all other matters referred to it or upon which it is required to pass under this chapter; and
(3) In passing upon variances, the enforcement officer shall be present where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this chapter to vary or modify the application of any of the regulations or provisions of this chapter relating to the use, construction or alteration of buildings or structure or the use of land so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.
(B) In exercising the above mentioned powers, the Board may reverse or affirm wholly or partly, or may modify the order, requirements, decision or determination appealed from and may make the order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.
(1986 Code, § 28.18.040) (Ord. 970, passed 8-15-1972)
§ 154.164 CONCURRING VOTE.
The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Officer, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in this chapter, or to recommend any variation or modification in this chapter to the corporate authorities.
(1986 Code, § 28.18.050) (Ord. 970, passed 8-15-1972)
§ 154.165 RULES AND CONDUCT OF AFFAIRS AND MEETINGS.
(A) The Zoning Board of Appeals shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of this chapter. Meetings shall be held at the call of the Chairperson and at other times as the Board may determine.
(B) The Chairperson, or in his or her absence, the Acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.
(1986 Code, § 28.18.060) (Ord. 970, passed 8-15-1972)
§ 154.166 RECORD OF OFFICIAL ACTS.
The Zoning Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote indicating that fact and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the Board.
(1986 Code, § 28.18.070) (Ord. 970, passed 8-15-1972)