(A)

The City Council shall serve as the Board of Zoning Appeals and shall hear and consider all appeals from the provisions of this chapter.

(B)

The Board of Zoning Appeals shall have the following powers and duties:

(1)

To hear and decide appeals when it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Administrator in the performance of his duties.

(2)

To hear and decide appeals on denials or approvals of variance applications and landscape modifications by the Planning and Zoning Board.

(3)

To hear and decide petitions involving proposed changes of nonconforming uses to other nonconforming uses, in accordance with the provisions of section 158.281.

(4)

To hear and decide appeals on final decisions of the Site Plan Review Committee on site plan approvals and landscape modifications.

(Ord. No. 98-84, § 1, 3-22-99; Ord. No. 21-63, § 2, 9-13-21)

The applicant shall be required to pay a fee as may be established to defray processing costs related to the review and hearing of the appeal.

(Ord. No. 98-84, § 1, 3-22-99)

(A)

Hearing Required. Before making its decision on any appeal, the Board of Zoning Appeals shall hold a public hearing thereon.

(B)

Notification Requirements. The following notification procedures shall be utilized with respect to appeals, requests for changes in nonconforming uses and requests for variances:

(1)

Appeals and requests for changes in nonconforming uses filed in proper form shall be numbered serially, docketed, and placed upon the calendar of the Board of Zoning Appeals. Having thus been established, the calendar of appeals, petitions and public hearings to be considered or conducted at each public meeting shall be posted as soon as practical upon a public notice board normally utilized for such notice within the offices of the City.

(2)

Notice of public hearings shall be published at least seven (7) days prior to those hearings, in a newspaper of general circulation in the City. The notice shall include the dates, times, places, and locations of hearing, and shall contain a description of the relief or action sought and the subject property involved.

(C)

Conduct of Hearings.

(1)

The hearing on the appeal of the denial or approval of a variance application by the Planning and Zoning Board shall be, to the extent possible, upon the record of the Planning and Zoning Board and shall not be a hearing de novo. The Board of Zoning Appeals shall review the minutes of the hearing before the Planning and Zoning Board together with the application for variances and related supporting documents and any other tangible evidence considered by the Planning and Zoning Board in arriving at its decision. The Board of Zoning Appeals may also entertain any additional testimony or evidence that was not brought out at the Planning and Zoning Board hearing.

(2)

The hearing on appeal of the Zoning Administrator or requests for changes in nonconforming uses shall be on the evidence presented by the applicant and the Zoning Administrator.

(3)

Any interested person shall have the right to submit oral or written testimony at the hearings. All testimony and exhibits submitted at the hearing, including the application of appeal or request for a change of nonconforming use shall become part of the record of the appeal. Evidence which is immaterial, irrelevant, or unduly repetitious may be excluded.

(4)

The hearings may be adjourned from time to time to dates established by public announcement at those hearings and shall be the earliest practical date for resumption of the hearings.

(Ord. No. 98-84, § 1, 3-22-99)

A decision by the Board of Zoning Appeals with respect to any matter upon its calendar shall be rendered within sixty (60) days following the close of the public hearing thereon. A majority vote of the established Board of Zoning Appeals is required to reverse any order, requirement, decision, or determination made by the Zoning Administrator, or to grant a variance upon appeal from the Planning and Zoning Board from this chapter. All decisions of the Board of Zoning Appeals shall be made in open session and the action embodying the decision approving, denying or dismissing any application shall not be valid unless it is incorporated into the minutes of the meeting at which the action is taken. A record of all actions taken by the Board of Zoning Appeals shall be maintained within the Office of the City Clerk.

(Ord. No. 98-84, § 1, 3-22-99)

The Board of Zoning Appeals may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and to that end from the Zoning Administrator. In exercising its powers, the Board of Zoning Appeals shall direct the Zoning Administrator to carry out its decision.

(Ord. No. 98-84, § 1, 3-22-99)

It shall be unlawful for an appellant or petitioner to proceed with any action which has been disapproved or denied by the Board of Zoning Appeals and it shall be equally unlawful for an appellant or petitioner to proceed with any action contrary to that specifically approved by the Board of Zoning Appeals, including any conditions and safeguards which the Board of Zoning Appeals may have imposed.

(Ord. No. 98-84, § 1, 3-22-99)

An application for the reconsideration or rehearing of an appeal or petition may be made in the same manner as provided for an original consideration or hearing. However, no appeal or petition requesting the same relief or approval for the same property shall be accepted by the Board of Zoning Appeals for reconsideration or rehearing for a period of twelve (12) months following the date of any action taken by the Board of Zoning Appeals in the matter is, from the record, it shall appear that there has been no substantial change in facts, evidence, or conditions.

(Ord. No. 98-84, § 1, 3-22-99)