(a)

The zoning board of appeals shall consist of seven (7) members, each to be appointed for a term of three (3) years. Appointments of the first members shall be for terms of one (1), two (2), and three (3) years, respectively, so as nearly as possible to provide for the appointment of an equal number of members each year. After the initial appointments, each member shall hold office for the full three-year term.

(b)

The zoning board of appeals shall perform its duties and exercise its powers as provided by law so that the objectives of this chapter shall be observed, public safety secured, and substantial justice done.

(c)

The city council may also appoint as many as two (2) alternate members to serve on the zoning board of appeals for the same terms as regular members, with the initial term for each coinciding with the terms of the members who have more than two years remaining. The alternate members shall be called on a rotating basis to sit as regular members of the board in the absence of a regular member. An alternate member may also be called to serve in the place of a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reasons of conflict of interest. Once an alternate has been called to serve in a particular case, he or she shall continue to participate in that case until a decision has been rendered. The zoning board of appeals may establish additional regulations governing the role and call of alternate members in its rules of procedure.

(Ord. No. 279, § 14.00, 12-12-96; Ord. No. 279.03, § 1, 6-11-98; Ord. No. 279-394, § 1, 4-13-23)

(a)

The zoning board of appeals shall annually elect:

(1)

A chairperson who shall preside at all meetings of the board; and

(2)

A vice-chairperson who shall preside in the absence of the chairperson; and

(3)

A secretary who shall keep minutes of all meetings and submit a copy of them to the city clerk.

(b)

The city council may authorize the remuneration of the members of the zoning board of appeals for attendance at each meeting.

(Ord. No. 279, § 14.01, 12-12-96)

Meetings of the zoning board of appeals shall be held at the call of the chairperson and at such other times as the board may determine. Meetings may be called at the request of five (5) members of the board. The board shall keep minutes of its proceedings showing the vote of each member upon every question decided by it, or if any member is absent or fails to vote, indication of such fact. A statement of the facts found by the board shall be included in the minutes in each case heard or considered by it. The reasons for approval or denial for any request shall appear in the minutes. In every instance, a statement of the facts upon which such recommendations are based shall appear in the minutes. The minutes of the board shall be filed with, and maintained by, the office of the city clerk.

(Ord. No. 279, § 14.02, 12-12-96; Ord. No. 279.03, § 2, 6-11-98; Ord. No. 279-394, § 2, 4-13-23)

The zoning board of appeals shall adopt general rules of procedures for meetings and hearings and shall make such rules available to all interested parties.

(Ord. No. 279, § 14.03, 12-12-96)

(a)

An appeal shall be taken within ten (10) days of the decision appealed from by the filing with the officer or body from whom the appeal is taken and with the board of appeals of a notice of appeal specifying the grounds thereof. The officer or body 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.

(b)

Appeals may be taken by any person aggrieved by the decision of any officer, body, department, board or bureau of the city charged with the enforcement of this chapter.

(c)

The zoning board of appeals shall fix a reasonable time for the hearing of the appeal and give due notice thereof to the applicant or appellant and to any person to whom real property within three hundred (300) feet of the premises in question shall be assessed, and to the occupants of single- and two-family dwellings within three hundred (300) feet, the notice to be delivered personally or by mail addressed to the respective owners and tenants at the reasonable time. If the tenant's name is not known, the term occupant may be used. Upon the hearing, a party may appear in person or by agent or by attorney.

(Ord. No. 279, § 14.04, 12-12-96)

(a)

The concurring vote of a majority of the members of the board shall be necessary to reverse an order, requirement, decision or determination of an administrative official or body or to decide in favor of the applicant on a matter upon which the board is required to pass under an chapter or to effect any variation in an chapter except a use variance. The concurring vote of two-thirds (⅔) of the members of the board shall be necessary to approve any use variance.

(b)

The board of appeals may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from, and shall make such order, requirement, decision or determination as, in its judgement, should be made, and, to that end, shall have all power of the officer or body from whom the appeal is taken.

(c)

The board of appeals shall decide all applications and appeals within thirty (30) days after the final hearing thereon. A copy of the board's decision shall be transmitted to the applicant or appellant and to the building official and observed by him, and he shall incorporate the terms and condition of the same in the permit to the applicant or appellant whenever a permit is authorized by the board. The decision of the board shall not become final until the expiration of five (5) days from the date of entry of the order, unless the board shall find the immediate effect of the order is necessary for the prevention of property or personal rights and shall certify on the record.

(d)

The board of appeals may impose condition upon an affirmative decision, pursuant to section 32-228.

(Ord. No. 279, § 14.05, 12-12-96)

An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the zoning board of appeals after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate, a stay would in his opinion cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the zoning board of appeals or by the circuit court, on application, on notice to the officer from whom the appeal is taken and on due cause shown.

(Ord. No. 279, § 14.06, 12-12-96)

(a)

Generally. The zoning board of appeals, as herein created, is a body of limited powers. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the board shall have powers in passing upon appeals to vary or modify any of the provisions of this chapter relating to the construction, structural changes in equipment, or alteration of building or structures so that the spirit of this chapter shall be observed, public safety secured, and substantial justice done.

(1)

Variations in yards, lot area and percentage of lot coverage. To permit variation or modification of yard, lot area, percentage of lot coverage, and floor area requirement of this chapter, as may be necessary to secure an appropriate improvement of a parcel of land which is such size, shape or dimension, or which has such peculiar or exceptional geographical or topographical conditions, that it cannot be appropriately improved without such variation or modification, provided that the purpose and spirit of this chapter shall be observed, public safety secured, and substantial justice done.

(2)

Restrictions of board action. No variance in the provisions or requirements of this chapter shall be authorized by the board, unless the board finds evidence that all the following facts and conditions of a. thru d. exists or e. or f. exists independently.

a.

That there are exceptional or extraordinary circumstances or conditions applying to the property in question or as to the intended use of the property that do not apply generally to other properties in the same zoning district.

b.

That such variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same vicinity. The possibility of increased financial return shall not of itself be deemed sufficient to warrant a variance.

c.

That the authorizing of such variance will not be of substantial detriment to adjacent property and will not materially impair the intent and purpose of this chapter or the public interest.

d.

That the conditions or situation of the specific piece of property, or the intended use of the property for which the variance is sought, is not of so general or recurrent in nature as to create a general rule for such condition or situation.

e.

That the modification to setback, location, site or building requirements is sponsored by the planning commission for a specific proposal that benefits the city by providing better design or efficient use of the site or results in a more creative development (all fees to be paid by the applicant).

f.

That phasing of required site plan improvements may be warranted because the cost of such improvements are relatively high in relation to the total cost of the applicant's development or addition. planning commission recommendations shall be required, together with a financial security in the amount of the deferred improvements.

(b)

Interpretation. The zoning board of appeals shall interpret the provisions of this chapter in such way as to carry out the intent and purpose of the plan, as shown upon the map fixing the several zoning districts accompanying and made a part of this chapter in those cases where the street layout actually on the ground varies from the street layout as shown on the aforesaid map.

The decision of the board shall be final insofar as they involve discretion or the finding of facts.

(c)

Conditions of approval. In authorizing a variance, the zoning board of appeals may, in addition to the specific conditions of approval called for in this chapter, attach thereto such other conditions regarding the location, character landscaping or treatment as are reasonably necessary to the furtherance of the intent and spirit of this chapter and the protection of the public interest.

(d)

Expiration of variance. A variance approved by the zoning board of appeals shall expire one (1) year from the date of approval by the zoning board of appeals based upon the date written notice of the board's decision is sent to or delivered to the applicant (or the date of approval of the minutes for the meeting at which such action was taken if no notice is given or delivered to the applicant), unless the variance is used by the applicant or its successor within such time period as evidenced by applying for a building permit, site plan approval, zoning or other required permits, or a special land use approval required for the applicant's intended use. If the applicant or its successor has not begun using the variance by the date the variance expires, the variance shall be null and void, and that applicant must reapply for a new variance and obtain a new approval from the zoning board of appeals in order to have the benefit of the variance.

(e)

Notwithstanding the other provisions of this section, the city council (and not the zoning board of appeals) shall have the authority to consider, approve, or deny variances and temporary uses which are proposed to be developed under a conditional rezoning as part of city council's review and approval of a conditional rezoning agreement under section 32-261.

(Ord. No. 279, § 14.07, 12-12-96; Ord. No. 388, § 2, 10-11-18; Ord. No. 391, § 3, 10-11-18)

Editor's note— Ord. No. 391, § 3, adopted Oct. 11, 2018 set out provisions intended to be added as § 32-228(d), but said subsection was added by Ord. No. 388, § 2, adopted Oct. 11, 2018. For clarity, and at the editor's discretion, these provisions have been included as 32-288(e).

Any matters acted upon by the zoning board of appeals which require the recommendation of the planning commission shall be referred to the planning commission by the zoning board of appeals for the planning commission's information.

(Ord. No. 279, § 14.08, 12-12-96)

(a)

The zoning board of appeals may, upon application, permit the erection of structures or signs and uses of land for which temporary use approval has been denied by the city manager under section 32-250 for a period not to exceed six (6) months, provided the following conditions are satisfied:

(1)

Substantially all of the applicable requirements for temporary use approval set forth in section 32-250 will be satisfied by the applicant so that the use is consistent with the spirit and intent of the section.

(2)

The waiver of any of the applicable requirements for the temporary use approval set forth in section 32-250 will not adversely impact adjacent properties or impair the rights of others intended to be protected by the requirements for the temporary use approval or endanger public safety.

(3)

The temporary use will not change the basic character of uses permitted in the district.

(4)

Setbacks, parking, lighting, structure size, signage, and the operation of the use are in substantial compliance with chapter regulations.

(5)

The temporary structure, sign, or use is related to a permanent conforming use.

(b)

Extensions of a temporary use may be approved by the zoning board of appeals upon good cause shown for additional six-month periods.

(c)

Applications for approval of temporary uses by the zoning board of appeals shall be noticed and considered in conformity with the requirements for hearing of appeals under this article.

(Ord. No. 279, § 14.09, 12-12-96)

Generally. A fee shall be paid to the building official at the time of notice of appeal is filed, which the Building Director or administrative official shall forthwith pay over to the city treasurer to the credit of the general fund of the city. The fee shall be established by resolution of the city council.

(Ord. No. 279, § 14.10, 12-12-96)