A Board of Zoning and Building Appeals is hereby established as provided in Article XI of the City Charter, to assist in the administration of this Zoning Code, particularly to decide and interpret provisions which require impartial adjustments of conflicting interests and to grant variances where the strict letter of this Code causes practical difficulties as defined by the variance standards set forth herein. Such a Board is herein established to achieve among others, the following purposes:

   (a)   To provide a method for alleviating practical difficulties by allowing a reasonable use for individual parcels of property which, because of unusual or unique circumstances, may be denied a reasonable use by a literal application of the terms of this Code;

   (b)   To review or appeal any order, requirement, decision or determination made by the Zoning Administrator;

   (c)   To provide an administrative board, independent from all other Municipal boards or commissions, to act only pursuant to and in accordance with the standards established by the legislative body to hear and decide appeals which are to be tried over again from the beginning (de novo);

   (d)   To provide that decisions and the granting of variances will sustain the constitutionality of the Code;

   (e)   To interpret the Zoning Map.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   The Board of Zoning and Building Appeals shall consist of five (5) regular members and one (1) alternate member appointed by the Mayor with the approval of a majority of members elected to Council. Members of the Board shall serve a five (5)-year term without compensation.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   The Board of Zoning and Building Appeals shall elect from among its members a Chairman, a Vice-Chairman and Secretary. The Board shall adopt rules and regulations consistent with this Zoning Code as may be necessary to carry into effect the duties, powers and responsibilities conferred herein. The powers, duties and responsibilities of the Board shall be:

      (1)   To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the Zoning Administrator or another administrative official in the administration or enforcement of this Zoning Code, unless otherwise provided in this Zoning Code;

      (2)   To permit variations from this Zoning Code in individual cases as may be required to afford justice and avoid practical difficulty to property owners in accordance with standards established by ordinance of Council and/or this Zoning Code;

      (3)   To permit alterations, reconstruction, and substitutions when a building contains a nonconforming use in conformance with the provisions of this Code;

      (4)   To resolve any disputes with respect to the precise location of a zoning district boundary; and,

      (5)   To hear and decide all other matters referred to and upon which it is required to pass by this Code.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   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 Vice-Chairman, may administer oaths and the Board shall be open to the public.

   (b)   Three (3) members of the Board shall constitute a quorum. The Board shall act by resolution, and the concurring vote of three (3) members of the Board shall be necessary to reverse any order or determination of the Zoning Administrator or to decide in favor of an applicant in any matter of which the Board has original jurisdiction or to grant any variance from the requirements stipulated in this Zoning Code.

   (c)   After proper application has been made, the Board shall make appropriate investigations. The Board may call upon other municipal departments for assistance in the performance of its duties, and it shall be the duty of such departments to render such assistance to the Board as may reasonably be required.

   (d)   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 Zoning Administrator and shall be a public record.

   (e)   It shall be the responsibility of the Board Chairman, or Vice-Chairman to elicit the position of the administration pertaining to any application regarding new construction of a residence, or, new construction or an addition to a structure other than a residence, in the course of the Board's review and prior to making a final decision thereon.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   Appeals. An appeal to the Board of Zoning and Building Appeals may be taken by any person aggrieved or by any officer of the City affected by any decision of the Zoning Administrator. Such appeal shall be taken within twenty (20) days after the decision, by filing with the Zoning Administrator and with the Board a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken.

   (b)   Application. An application in cases in which the Board has original jurisdiction under the provisions of this Zoning Code, may be taken by any property owner, including a tenant (upon prior written approval of property owner), or by a governmental officer, department, board or bureau. Such application shall be filed with an original and five (5) copies thereof with the Zoning Administrator who shall transmit the same to the Board.

   (c)   Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Board, after notice of the appeal has been filed with him, that by reasons of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by an order which may, on due cause shown, be granted by the Board on application after notice to the Zoning Administrator, or by judicial proceedings.

   (d)   Hearings. The Board of Zoning and Building Appeals shall fix a reasonable time for the public hearing of the appeal or application, not later than forty-five (45) days from the date the appeal or application is filed with the Board, give at least ten (10) days notice in writing to the parties in interest, as provided in Section 11.05 of the City Charter, and decide the appeal or application within thirty (30) days after the final hearing thereon. At the hearing, the applicant or any party in interest may appear in person or by an Attorney at Law.

   (e)   Decisions. Upon request by the applicant, a certified copy of the Board's decision shall be transmitted to the applicant or appellant and to the Zoning Administrator. Such decision shall be binding upon the Zoning Administrator and observed by him and he shall incorporate the terms and conditions of the same in the zoning certificate issued to the applicant or appellant whenever an approval is authorized by the Board. A decision of the Board shall not become final until the expiration of five (5) days from the date such decision is made, unless the Board finds that the immediate taking effect of such decision is necessary for the preservation of property or personal rights and so certifies on the record.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   The Board of Zoning Appeals shall have the power, in specific cases where variances are requested related to area to evaluate the request using practical difficulties standards instead of establishing unnecessary hardship in order that the public health, safety, morals and general welfare may be safeguarded and substantial justice done.

   (b)   The following seven (7) practical difficulties standards must be considered in the totality of circumstances when evaluating an area variance:

      (1)   Whether the property will yield a reasonable return or whether any beneficial use can be made without the variance.

      (2)   Whether the variance is substantial.

      (3)   Whether the essential character of the neighborhood would be substantially altered or whether the adjoining properties would suffer a substantial detriment if the variance were granted.

      (4)   Whether the variance adversely impacts the delivery of governmental services (water, sewer, solid waste).

      (5)   Whether the property was purchased with the owner's knowledge of the zoning restrictions.

      (6)   Whether the owner's predicament can be feasibly obviated through some other method.

      (7)   Whether the spirit and intent behind the Zoning Code would be observed and substantial justice done by granting a variance.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   Variances shall expire one (1) year from the date of their enactment, unless prior thereto, the applicant commences actual construction in accordance with the granted variance or an extension of time has been granted by the Board of Zoning and Building Appeals. There shall be no modification of variances except by further consideration of the Board. Once the time limit pursuant to this Section has expired, a request for a variance shall be considered to be a new application for a variance and shall meet all requirements for application and review pursuant to this Chapter.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   Once an appeal for a variance has been denied by the Board of Zoning Appeals, the Board shall not reconsider the same appeal or a substantially similar appeal involving the same property if resubmitted within six (6) months after the date of decision. Only if the underlying conditions for the variance request have substantially changed, shall the Board of Zoning and Building Appeals consider another appeal during this period.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   Generally. The Board of Zoning and Building Appeals shall have the power to hear and decide, in accordance with the provisions of this Zoning Code, interpretations of the Zoning Map. In considering an interpretation of the Zoning Map, the Board shall give due regard to the nature and condition of all adjacent uses and structures.

(Ord. 2010-059. Passed 3-7-11.)

   (a)   A change of variance shall be heard as an entirely new application, and shall be based on changes in circumstances which were the basis for the initial variance.

(Ord. 2010-059. Passed 3-7-11.)