A Board of Zoning Appeals is hereby established in and for the City. The Board shall have the powers and duties prescribed by law and by this Zoning Code.

(Ord. 2337. Passed 10-20-92.)

   (a)   The Board of Zoning Appeals shall consist of the same seven members as the Planning Commission. The term of each member shall be consistent with the terms of the Planning Commission members.

   (b)   The Chairperson of the Planning Commission shall be the Chairperson of the Board of Zoning Appeals. A majority of the Board shall constitute a quorum to do business, but any decision made by the Board on appeal, or on matters before it upon which it is required to pass under this Zoning Code, shall require a majority vote of all members appointed to and serving on the Board.

(Ord. 2337. Passed 10-20-92.)

   Regular meetings of the Board of Zoning Appeals shall be held on the first Wednesday of each month, at such other times as the Board may determine or upon call of the Chairperson. If the first Wednesday in any month falls on a legal holiday, such meeting shall then be held within seven days thereafter, at a time determined by the Chairperson. All meetings shall be open to the public.

(Ord. 2337. Passed 10-20-92.)

   The Board of Zoning Appeals shall keep records of its proceedings showing the vote of each member upon each question or, if a member is absent or fails to vote, indicating such facts. The Board shall keep records of its examinations and other official actions.

(Ord. 2337. Passed 10-20-92.)

   Every rule, regulation, order, requirement, decision or determination of the Board of Zoning Appeals shall immediately be filed in the office of the Board and become a public record, and an additional copy thereof shall be filed with the City Clerk.

(Ord. 2337. Passed 10-20-92.)

   (a)   The Board of Zoning Appeals shall adopt such rules and regulations as may be necessary to carry into effect the provisions of this Zoning Code and to exercise the powers and jurisdiction conferred upon it by this Zoning Code, the Charter and State law.

   (b)   The Chairperson shall have the power to subpoena and require the attendance of witnesses, administer oaths and compel testimony and the production of books, papers and other evidence pertinent to any issue before the Board.

   (c)   The Board shall have the authority to interpret this Zoning Code in such a way as to carry out the intent and objectives of the same when an application is filed to determine the meaning and intent of any wording or provision of this Zoning Code.

   (d)   The Board shall have the power to hear and decide appeals when it is alleged by an appellant that there is an error in any order, requirement, decision or determination, including the granting, refusal or revocation of permits, made by the Zoning Inspector or other administrative official in the enforcement or interpretation of the provisions of this Zoning Code.

   In exercising its power, the Board may, in conformity with the provisions of this Zoning Code, reverse or affirm, wholly or partly, or modify, any order, requirement, decision or determination.

   (e)   The Board shall have the power to authorize, upon appeal in specific cases, such variances from specific provisions or requirements of this Zoning Code as will not be contrary to the public interest, but only in such cases where, owing to special conditions pertaining to a specific piece of property, the literal enforcement of the provisions or requirements of this Zoning Code would cause undue and unnecessary hardship or a practical difficulty.

   In authorizing a variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the interest of furthering the purposes of the variance or of this Zoning Code and the public interest. The Board may require such bond as may be necessary to guarantee that all conditions required by the Board will be complied with. The amount of such bond shall be set by the Board with the advice of the City Engineer or the City Manager.

(Ord. 2337. Passed 10-20-92.)

   An appeal of an administrative decision or for an interpretation of this Zoning Code shall be entertained by the Board of Zoning Appeals only if formal action has been taken by the Zoning Inspector with regard to an application for a building permit or zoning certificate, the issuance of a stop order, a specific referral, a notice of violation or some similar action, provided that:

   (a)   The application for an appeal from an administrative decision shall be filed with the Zoning Inspector within fifteen days of the alleged adverse decision. Said application shall include a reference to the decision from which the appeal is sought, the grounds for the appeals and the relevant provisions of this Zoning Code.

   (b)   Every appeal for an interpretation shall refer to the specific provision of this Zoning Code involved and shall exactly set forth the interpretation that is claimed.

   (c)   The applicant shall deposit a fee of fifty dollars ($50.00) with the Zoning Inspector, to be deposited in the General Fund of the City.

   (d)   All appeals and applications made to the Board shall be in writing and on the forms prescribed therefor.

   (e)   The Board shall decide all appeals within sixty days after the date of the hearing, except that such time may be extended by mutual consent.

   (f)   After the filing of such application, a public hearing shall be held before the Board at its next regular meeting or at a special meeting called by the Chairperson of the Board for that purpose, but not sooner than fifteen days after the filing of such appeal or sooner than ten days after the first publication of the notice of such hearing. Notice shall be issued as provided in Section 1264.12.

(Ord. 2337. Passed 10-20-92.)

   Any application for a variance shall be submitted on special forms supplied for that purpose and shall contain:

   (a)   A site plan, plot plan or development plan of the entire property being considered, drawn to a reasonable scale and showing the location of all existing and proposed structures and the types of buildings and their uses on the subject property.

   (b)   A statement of justification providing substantiating evidence regarding the required findings set forth in Section 1264.09.

   (c)   A fee, as set forth in Section 1264.07(c).

(Ord. 2337. Passed 10-20-92.)

   When considering a request for a variance, the Board of Zoning Appeals shall be subject to the powers and limitations previously set forth and to the required findings set forth herein.

   No variance from the provisions or requirements of this Zoning Code shall be granted by the Board unless the Board has determined by clear and convincing evidence that a practical difficulty does exist or will result from the literal enforcement of this Zoning Code. The factors to be considered and weighed by the Board in determining whether a property owner seeking a variance has proved practical difficulty include:

   (a)   Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance.

   (b)   Whether the variance is substantial.

   (c)   Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance.

   (d)   Whether the variance would adversely affect the delivery of government services (e.g. water, sewer, garbage, fire, police or other).

   (e)   Whether the property owner purchased the property with the knowledge of the zoning restriction.

   (f)   Whether the property owner's predicament can be obviated through some method other than a variance.

   (g)   Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by the granting of the variance.

   (h)   Whether the granting of the variance will be contrary to the general purpose, intent and objective of this Zoning Code or other adopted plans of the City.

   (i)   Whether the variance requested arises from a condition which is unique, which is not ordinarily found in the same zoning district and which is created by this Zoning Code and not by an action or actions of the property owner or the applicant.

   (j)   Whether the variance desired will adversely affect the public health, safety, morals or general welfare.

(Ord. 2337. Passed 10-20-92.)

   Notice of any decisions of the Board of Zoning Appeals shall be transmitted to the applicant or appellant. Such decision shall be binding. The Zoning Inspector shall incorporate such terms and conditions as may be set by the Board in any permit or certificate to the applicant or appellant, whenever a permit is authorized by the Board.

   No applicant or appeal which has been denied, wholly or in part, by the Board shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions which would be sufficient to justify reconsideration, as determined by the Board.

(Ord. 2337. Passed 10-20-92.)

   When the Board of Zoning Appeals finds it necessary to maintain a transcript of public hearing proceedings or to have special studies made by qualified consultants, the applicant, for a variance or appeal, shall bear all direct and related costs associated with providing said transcript or study.

(Ord. 2337. Passed 10-20-92.)

   When a notice of appeal or application for a variance has been filed in proper form with the Board of Zoning Appeals, the Secretary shall immediately place the request upon the calendar for hearing.

   Not more than seven days after the filing of a notice of appeal or application, written notice of the hearing of such appeal or application shall be caused by the Board of Zoning Appeals to be given by mail to any person owning premises located within 300 feet of the land to which such appeal or application relates. All notices shall be sent to addresses given in the last assessment roll.

   Notice shall also be posted in a public area of the City Municipal Center.

   Notice shall also be published once in a newspaper of general circulation.

   The Board, at its discretion, may send out further notices to publicize such hearings. The Board may recess such hearings from time to time and, if the time and place of the continued hearing is publicly announced at the time of adjournment, no further notice shall be required.

(Ord. 2337. Passed 10-20-92.)