(A)   A Board of Appeals is authorized to be established.

   (B)   The word “Board” when used in this section shall be construed to mean the Board of Appeals.

   (C)   The Board shall consist of seven members appointed by the Mayor by and with the consent of the City Council.

   (D)   The members of the first Board shall serve respectively for the following terms (or until their representative successors are appointed and qualified): one for one year, one for two years, one for three years, one for four years, one for five years, one for six years and one for seven years and five years each for those following the first appointment.

   (E)   One of the members of the Board shall be designated by the Mayor, with the consent of the City Council, as Chairman/Chairwoman of said Board and shall hold his/her office as Chairperson until his/her successor is appointed.

   (F)   The Chairperson, or in his/her absence the Acting Chairperson, may administer oaths and compel the attendance of witnesses.

   (G)   The Mayor shall have the power to remove any member of the Board for cause and after a public hearing.

   (H)   Vacancies upon the Board shall be filled for the unexpired term of the member whose place has become vacant, in the manner provided in this chapter for the appointment of such member.

   (I)   In those cases where it is in the best interest of the general public and no meeting shall take place because of the lack of a quorum of the Mayoral appointees, the Chairperson may call on any or all Council members to act as alternates who shall have all privileges of regular Board members.

(Ord. 552, passed - -62; Ord. 885, passed 10-7-86)

   (A)   The Board of Appeals shall hear and decide appeals from and review any order, requirement, decisions or determination made by the Enforcing Officer charged with the enforcement of this chapter.

   (B)   It shall also bear and decide all matters referred to it or upon which it is required to pass under this chapter.

   (C)   The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Enforcing Officer or to decide in favor of the applicant any matter upon which it is required to pass under this chapter or to recommend any variation or rezoning in this chapter.

   (D)   Every such recommendation by the Board of Appeals after a hearing shall be accompanied by a finding of fact, specifying the reason for such recommendations.

(Ord. 552, passed - -62; Ord. 855, passed 10-7-86; Am. Ord. 1094, passed 11-3-98)

   (A)   All meetings of the Board of Appeals shall be held at the call of the Chairperson and at such times as such Board may determine.

   (B)   All hearings conducted by the Board shall be open to the public.

   (C)   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 also keep records of its hearings and other official actions.

   (D)   Findings of fact shall be included in the minutes of each case of a requested variation, and the reasons for recommending or denying such variation shall be specified.

   (E)   Every rule or regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board shall be filed immediately in the office of the Board and shall be a public record.

   (F)   The Board shall adopt its own rules of procedure not in conflict with this chapter or with the state statutes in such case made and provided and may select or appoint such officers as it deems necessary.

(Ord. 552, passed - -62; Ord. 855, passed 10-7-86)

   (A)   The Board of Appeals shall also hear all applications for rezoning or variations to the provisions of this chapter and shall submit to the City Council its recommendations, based on a finding of fact, for enactment in an amended ordinance, as the City Council sees fit.

   (B)   In making recommendations to the City Council, the Board of Appeals shall find that a proposed rezoning or variation will not contaminate the air, nor impair the light supply to adjacent property, increase the congestion in the public streets, increase the danger of fire, impair or diminish property values or be contrary to the general health, safety and welfare of the people of the city.

   (C)   The City Council shall not authorize a rezoning or variation until a public hearing has been held by the Board of Appeals pursuant to notice and until the Board's recommendation when such finding of fact has been received by the City Council.

   (D)   Construction necessitated variations.

      (1)   Authorization. In the event that a variation necessitated by construction is requested after the commencement of construction on the property in question, the Zoning Board of Appeals may recommend and the City Council may vary the regulations of this chapter relating to the construction of buildings or structures and the bulk requirements of this chapter provided the Board makes a finding of fact, based upon the standards hereinafter prescribed that construction has caused practical difficulties or particular hardship in the way of carrying out the strict letter of any of those regulations relating to the construction of buildings or structures.

      (2)   Application. The application process for a variance under this Code shall apply.

      (3)   Standards. In the event that a variation necessitated by construction is requested after the commencement of construction on the property in question, the Zoning Board of Appeals shall not recommend and the City Council shall not vary the regulations of this chapter unless the Board shall make findings of fact after a public hearing based upon the evidence as presented that:

         (a)   The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zone and strict application of the requirements of this chapter to the building or structure constructed.

         (b)   The plight of the owner is due to unique circumstances such as the owner's unintentional construction of the building or structure in contravention of the requirements of this chapter; and

         (c)   The variation, if granted, will not alter the essential character of the locality.

      (4)   A construction necessitated variation shall be permitted only if the evidence, in the judgment of the Zoning Board of Appeals and the City Council sustains each of the three standards enumerated in this section.

      (5)   The standards set forth in this division shall be the only standards which must be met to permit construction necessitated variations.

(Ord. 552, passed - -62; Ord. 855, passed 10-7-86; Ord. 1281, passed 6-6-05)

   (A)   Procedural authority.

      (2)   The City Council, by ordinance, without further public hearing, may adopt any proposed rezoning or variation or may refer it back to the Board of Appeals for further consideration; provided, however, that any proposed rezoning or variation which fails to receive the approval of the Board of Appeals shall not be passed except by the favorable vote of two-thirds of all the City Council.

   (B)   Applications.  

      (1)   All applications for rezoning or variation to the provisions of this chapter and from the strict application of the terms of this chapter shall be made in writing and submitted directly to the Board of Appeals which shall have original jurisdiction in such matters.

      (2)   Rulings should not be made allowing the requested rezoning or variation merely because it would serve as a convenience to the applicant.

      (3)   Before granting a rezoning or variation, the Board of Appeals should find, among other facts, that the granting of the rezoning or variation is necessary to alleviate some demonstrable hardship or difficulty and is in harmony with the intent and general purpose of this chapter.

   (C)   Public hearing. The Board shall make no recommendation except in a specific case and after a public hearing conducted by the Board. A notice of the time and place of such public hearing shall be published in a paper of general circulation in the city at least 15 days previous to the hearing. Such notice shall contain the address or location of the property for which the rezoning, variation or other ruling by the Board is sought, as well as a brief description of the nature of the appeal.

(Ord. 552, passed - -62; Ord. 855, passed 10-7-86)

   (A)   Procedural authority.  

      (1)   The City Council, under this chapter, may authorize special uses to exist within any zoning district as described herein. Such uses may include, but are not limited to public and quasi-public uses affected with the public interest, uses which may have a unique, special or unusual impact upon the use or enjoyment of neighboring property and planned developments. A use may be a permitted use and one or more zoning districts and a special use in one or more other zoning districts. However, no special use shall be granted by the City Council except in a specific case and after a public hearing before the Board of Appeals pursuant to a notice and until the Board of Appeals’ recommendation with finding of fact has been received by the City Council.

      (2)   The City Council, by ordinance without further public hearings, may adopt any proposed special use or may refer it back to the Board of Appeals for further consideration. However, any proposed special use which fails to receive the approval of the Board of Appeals shall not be passed except by the favorable vote of two-thirds of all the City Council.

   (B)   Applications.  

      (1)   All applications for special use to the provisions of this chapter, from the strict applications of the terms of this chapter, shall be made in writing and submitted directly to the Board of Appeals, which shall have original jurisdiction in such matters.

      (2)   Ruling should not be made allowing the request special use merely because it would serve as a convenience to the applicant.

      (3)   Before granting a special use, the Board of Appeals should find, among other facts, that the granting of the special use:

         (a)   1.   Is necessary for the public convenience at the location;

            2.   Is so designed, located and proposed to be operated, that the public health, safety and welfare will be protected.

         (b)   Will not cause substantial injury to the value of other property in that neighborhood in which it is to be located.

         (c)   Such special use shall conform to the applicable regulations of the district in which it is to be located.

   (C)   Public hearing. The Board shall make no recommendation except in a specific case and after a public hearing is conducted by the Board. A notice of the time and place of such hearing shall be published in a paper of general circulation in the city at least 15 days previous to the hearing. Such notice shall contain the address or location of the property for which the special use designation by the Board is sought, as well as a brief description of the nature of the appeal.

(Ord. 855, passed 10-7-86)

   Once designated, the special use designation will continue for a period recommended by the Board of Appeals to be decided upon by the City Council.

(Ord. 855, passed 10-7-86)

   (A)   Manner of initiating. An appeal may be taken to the Board of Appeals by any person, firm or corporation, or by any officer, department, board or bureau affected by a decision of the Enforcing Officer relative to this chapter. Such appeal shall be taken within such time as shall be prescribed by the Board of Appeals by general rule, by the filing with the Enforcing Officer and with the Board of Appeals a notice of appeal, specifying the grounds thereof. The Enforcing Officer shall forthwith transmit to the Board all of the papers constituting the record upon which the action appealed from was taken.

   (B)   Stay of proceedings; hearing.

      (1)   An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Enforcing Officer certifies to the Board of Appeals after the notice of appeal has been filed with him/her that by reason of facts stated in the certificate a stay would, in his/her opinion, cause imminent peril to life or property, in which case the proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board of Appeals or by a court of record an application, on notice of the Enforcing Officer and on due cause shown.

      (2)   The Board shall select a reasonable time and place for the hearing of the appeal and give due notice thereof to the parties and shall render a decision on the appeal without a reasonable delay. Any person may appear and testify at the hearing, either in person or by duly authorized agent or attorney.

   (D)   Decision of Board. The Board way reverse or affirm wholly or partly or may modify or amend the order, requirement, decision or determination appealed from to the extent and in the manner that the Board may decide to be fitting and proper in the premises.

(Ord 552 , passed - -62; Ord. 744, passed - -80; Ord. 855, passed 10-7-86; Ord. 1546, passed 9-19-16)