An appeals procedure is hereby established, whereby the mayor and council shall hear all appeals, consider the appeal and approve or disapprove the appeal.

(Code 1994, § 110-1; Ord. No. 02-02, § 1, 5-13-2002)

(a)

Appeals to the mayor and council concerning interpretation or administration of this chapter may be taken by any person aggrieved or by any officer or bureau of the mayor and council affected by any decision of the zoning enforcement officer. Such appeals shall be taken within reasonable time, not to exceed 30 days by filing with the zoning enforcement officer and with the mayor and council a notice of appeal specifying the grounds thereof. The zoning enforcement officer shall forthwith transmit to the mayor and council all papers constituting the record upon which the action appealed from was taken.

(b)

The mayor and council shall fix a reasonable time for the hearing of an appeal, give 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 attorney.

(Code 1994, § 110-1; Ord. No. 02-02, § 1, 5-13-2002)

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

(Code 1994, § 110-1; Ord. No. 02-02, § 1, 5-13-2002)

(a)

The mayor and council shall have the following powers and duties in cases of appeals:

(1)

Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the zoning enforcement officer in the enforcement of this chapter.

(2)

Variances; conditions governing applications; procedures. To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. A variance from the terms of this chapter shall not be granted by the mayor and council unless and until:

a.

A written application for a variance is submitted demonstrating conclusively:

1.

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other land, structures, or buildings in the same district;

2.

That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;

3.

That the special conditions and circumstances do not result from the actions of the applicant;

4.

That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district.

No nonconforming use of neighboring lands, structures, or buildings in the same district and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

b.

Applications for a variance shall be filed with the city clerk at least 20 days prior to the date of the hearing. Each application shall be accompanied by a plat showing property lines, the location of buildings and structure, easements, and the variance required.

c.

Notice of public hearing shall be given.

d.

The public hearing shall be held. Any party may appear in person, or by agent or by attorney.

e.

The mayor and council shall make findings that the requirements of section 42-390(a)(2)a have been met by the applicant for a variance.

f.

The mayor and council shall further make a finding that the reasons set forth in the application justify the granting of the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.

g.

The mayor and council shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

(b)

In granting any variance, the mayor and council may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter.

(c)

Under no circumstances shall the mayor and council grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.

(Code 1994, § 110-1; Ord. No. 02-02, § 1, 5-13-2002)

(a)

In exercising the powers mentioned in section 42-390, the mayor and council may, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the zoning enforcement officer from whom the appeal is taken.

(b)

The concurring vote of four members of the mayor and council shall be necessary to reverse any order requirement, decision, or determination of the zoning enforcement 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 the application of this chapter.

(c)

If an application for an appeal or variance is denied by the mayor and council a re-application may not be made earlier than 12 months from the date of the original application.

(Code 1994, § 110-1; Ord. No. 02-02, § 1, 5-13-2002)

It is the intent of this chapter that all questions of interpretation and enforcement shall be first presented to the zoning enforcement officer, that such questions shall be presented to the mayor and council only on appeal from the decision of the zoning enforcement officer, and that recourse from the decisions of the mayor and council shall be to the courts as provided by law.

(Code 1994, § 110-1; Ord. No. 02-02, § 1, 5-13-2002)

The zoning enforcement officer shall have the power to grant variances from the development standards of this chapter, where, in his opinion, the intent of this chapter can be achieved and equal performance obtained by granting a variance. The authority to grant such variances shall be limited, with one exception, to variance from the following requirements:

(1)

Front yard or yard adjacent to public street: variance not to exceed five feet.

(2)

Side yard: variance not to exceed two feet.

(3)

Rear yard: variance not to exceed four feet.

(4)

Height of building: variance not to exceed five feet.

The one exception would cover structures that preceded the adoption date of the resolution from which this chapter is derived and do not conform to this chapter as written. Consideration for a variance would be given when ownership was changing and the mortgage company required conformity to this chapter.

(Code 1994, § 110-1; Ord. No. 02-02, § 1, 5-13-2002)

(a)

The mayor and council shall establish a schedule of fees, charges, and expenses and a collection procedure for building permits, certificates of occupancy, appeals, and other matters pertaining to this chapter. The schedule of fees shall be posted in the office of the zoning enforcement officer, and may be altered or amended only by the mayor and council.

(b)

Until all applicable fees, charges, and expenses have been paid in full, no action shall be taken on any application or appeal.

(Code 1994, § 110-1; Ord. No. 02-02, § 1, 5-13-2002)