By this Code the Temporary Board of Zoning District Revision (Board of Revision) is created. The Board of Revision shall be comprised of five citizens of the City, appointed by the Mayor and confirmed by City Council. Two members shall be members of the Board of Zoning Appeals. One member shall be from the Planning Commission. One member shall be a member of City Council. One member shall be from the general public.

(Ord. 08-33-A. Passed 5-4-09.)

   The Board of Revision shall terminate eighteen months after the effective date of this Code, unless otherwise extended in operation by City Council. Authority and jurisdiction of the Temporary Board of Zoning District Revision is hereby extended for a period of two years with such authority and jurisdiction to terminate effective March 2, 2023. The Temporary Board of Zoning District Revision shall serve the same purpose pursuant to the same procedures as set forth in this chapter and shall be subject to further extensions of said jurisdiction and authority by action of the City Council.

   (a)   The previous Zoning Code, enacted in 1971 and amended various times since, contained broad and cumulative zoning districts with a wide variety of permitted uses in many of the districts. This Code abolished the 1971 districts and created new districts with many of the cumulative aspects of the 1971 Code deleted.

   (b)   In the process of creating the Zoning Map to accompany this Code assumptions were made concerning potential land uses. There will be cases where a property owner, under the 1971 Code, had land use options that will not be available under this Code. It is the purpose of the Board of Revision to provide a process whereby a property owner may seek, without going through a zoning amendment, to have their zoning district adjusted in such a way as to permit a land use permitted under their previous zoning district but not permitted under their zoning district.

   (c)   It is not the intent of this chapter to allow for large scale zoning district changes.

   (d)   It is the intent to allow individual property owners the right to use their property in a way that was legal through the cumulative nature of the 1971 Code.

(Ord. 08-33-A. Passed 5-4-09.)

   (a)   A property owner seeking a land use permitted by the cumulative nature of the 1971 Code but denied that use by this Code shall apply to the Code Administrator for a hearing to revise their zoning district.

   (b)   Within thirty days after such application, the Board of Revision shall meet with the applicant. If four members of the Board of Revision agree with the applicant's request, the Board of Revision shall so recommend the revision to Planning Commission.

   (c)   Upon the affirming vote of Planning Commission, the applicant's zoning district will be revised and the Official Map changed.

   (d)   If the Board of Revision does not approve the applicant's request, the applicant may file for a rezoning per Chapter 1236.

(Ord. 08-33. Passed 5-4-09.)