(A)   A Board of Appeals is hereby established. The word “Board” when used shall be construed to mean the Board of Appeals. The Board shall consist of seven members, all of whom shall be appointed by the City Council. Members of the Board shall reside only in the territory subject to the application of the provisions of this chapter and the failure of any member of the Board to maintain this residence qualification at any time shall subject him or her to removal from the Board for cause.

   (B)   The term of office of the members of the Board shall be for five years; excepting that, the membership of the first Board appointed shall serve respectively for terms of 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. Thereafter, members shall be appointed for terms of five years each.

   (C)   Vacancies shall be filled for the unexpired term only. Members shall be removed for cause by the City Council only upon written charges and after public hearing.

   (D)   The City Council shall name one of the members so appointed as Chairperson at the time of his or her appointment and he or she shall hold the office as Chairperson until his or her successor is appointed. In the absence of the Chairperson, the Board shall elect one of its members as acting Chairperson.

(1994 Code, § 155.165) (Ord. 200, passed 4-28-1969)

   The Board shall adopt from time to time rules and regulations as it may deem necessary to carry into effect the provisions of this chapter. The Board shall, in addition, adopt a schedule of fees or other method to determine the manner and amount of charges to be collected by the Building Inspector for the erection, construction, enlargement, reconstruction or extension of any building or structure after the effective date of this chapter and to provide for other fees and charges as may be necessary to carry into effect the provisions of this chapter.

(1994 Code, § 155.166) (Ord. 200, passed 4-28-1969)

   Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. Four members of the Board shall constitute a quorum and a majority vote of the members present shall determine all questions presented to the Board, except as otherwise provided in this chapter. The Chairperson shall be entitled to vote upon all questions presented to the Board. The Chairperson or, in his or her absence, the acting Chairperson may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. 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 the fact and shall keep records of its determinations and other official actions, all of which shall be immediately filed in the office of the Board of Appeals and shall be a public record. The Board may select or appoint officers as it deems necessary.

(1994 Code, § 155.167) (Ord. 200, passed 4-28-1969)

   (A)   Powers relative to appeals. The Board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Building Inspector in the enforcement of this chapter.

   (B)   Powers relative to variations.

      (1)   When, by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of adoption of this chapter, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, which condition is not generally prevalent in the area, the strict application of the area regulations would result in peculiar and exceptional practical difficulties or exceptional and undue hardship upon the owner of the property, the Board shall be empowered to authorize upon application in regard to the property, a variation from the district application so as to relieve the difficulty or hardship.

      (2)   Variations shall be permitted by the Board of Appeals only when they are in harmony with the general purpose and intent of the regulations. In its consideration of the above standards of practical difficulties or particular hardship, the Board of Appeals shall require evidence 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;

         (b)   The plight of the owner is due to unique circumstances; and

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

      (3)   A variation shall be permitted only if the evidence, in the judgment of the Board of Appeals, sustains each of the three conditions enumerated.

      (4)   The Board of Appeals shall have no authority by virtue of this section to grant variations in whole or in part in respect to the classification, regulation and restriction of the location of trades and industries and the location of buildings designed for specified industrial business, residential and other uses.

   (C)   Powers relative to exceptions. Upon application, the Board shall be empowered to permit the following exceptions:

      (1)   To permit the extension of a district where the boundary line of a district divides a lot of record in single ownership;

      (2)   To permit the reconstruction of a non-conforming building which has been damaged by explosion, fire, Act of God or the public enemy to the extent of more than 50% of its assessed value when the Board finds some compelling public necessity requiring a continuance of the non-conforming use;

      (3)   To interpret the provision of this chapter where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts;

      (4)   To vary parking regulations whenever the character or use of the building is such as to make unnecessary the full provision of parking facilities or when the regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience; and

      (5)   To permit any existing non-agriculture building or structure devoted to a use not permitted in the district in which the building or structure is located on the effective date of this chapter, or any subsequent amendment thereto, to be enlarged, extended, reconstructed or structurally altered when the Board finds it to be in the public interest to continue the non-conforming use or finds a need to relieve an undue hardship upon the owner of the property; provided, the continuance of the non-conforming use shall not be extended beyond the lot area occupied by the non-conforming use on the effective date of this chapter or subsequent amendment thereto.

(1994 Code, § 155.168) (Ord. 200, passed 4-28-1969)

   (A)   Appeals to the Board of Appeals of any matter over which the Board is specifically granted jurisdiction may be taken by any person aggrieved, or by an officer, department or board, of the city affected by any decision of the Building Inspector. The appeal shall be taken within 30 days of such decision by filing with the Building Inspector and with the Board a notice of appeal specifying the grounds thereof, the form of the notice to be prescribed by general rules of the Board. The Building Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from is taken.

   (B)   An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Inspector certifies to the Board after the notice of appeal has been filed with him or her that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings should not be stayed otherwise than by proper legal action.

   (C)   (1)   Any person desiring a variation or exception shall file a petition requesting the action with the Board of Appeals by depositing the same with the Building Inspector along with the accompanying maps, plats, data, statements and supplemental information as shall be necessary or desirable. The Building Inspector shall forthwith transmit to the Board the petition and accompanying material for a hearing and a report as herein set out.

      (2)   In addition, the applicant for a variation or exception (other than an applicant for a special use exception under §§ 155.110 through 155.113 of this chapter) shall give due notice of the request for variation or exception either in person or by registered mail, return receipt requested, not more than 30 days prior to the hearing to the parties concerned and to the property owners, as recorded in the office of the county’s Recorder of Deeds, and as appears from the authentic tax records of the county of all property within 250 feet in each direction of the location for which the variation or exception is requested; the number of feet occupied by all public roads, streets, alleys and other public ways shall be excluded in determining the 250 feet requirement. The notice shall state the name and address of the applicant, the name and address of the owner of the property, the location of the property, a statement of intent to file an application, approximate date it will be filed and a brief statement of the nature of the request for variation or exception. The applicant shall furnish the Board a complete list containing the names and last known addresses of the owners of property required to be served at the time the application is filed and a certificate that they were so served.

   (D)   Upon an appeal, request for a variation or exception, the Board shall fix a reasonable time for a hearing, but not later than 60 days from the filing of the notice of appeal, request for variation or exception, the Board shall give not more than 30 days’, nor less than 15 days’, public notice of the hearing thereon in a newspaper of general circulation in the city. The notice shall contain the particular location of the property affected by the decision appealed from or the variation or exception requested, as well as a brief statement of the nature of the appeal or of what the proposed variation or exception consists.

   (E)   The party filing a notice of appeal, request for variation or exception with the Board shall pay at the time of filing a refundable deposit of $1,250 toward the costs of the proceedings. The refundable deposit shall be paid to the City Clerk, who shall give a receipt therefor; a copy of the receipt shall be presented to the Board at the convened hearing, as evidence that the deposit has been paid. Said refundable deposit shall be applied to the costs of the proceedings, including but not limited to, certified mailing, publication of notice, court reporter fees and other professional fees incurred by the city. Should the total costs of said proceedings be less than the deposit, a refund of any overpayment shall be made to the filing party; however, should the costs of said proceedings exceed the deposit paid, the filing party shall pay any and all additional costs to the city upon demand. The city reserves the right to delay any formal action regarding said proceedings until all costs have been paid in full.

   (F)   The Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make the order, requirement, decision or determination as ought to be made and, to that end, shall have all the powers of the officer from whom the appeal is taken. In considering all appeals or applications for variations or exceptions the Board shall, before making any finding in a specific case, first determine that the proposed change will not constitute a change, including a variation in use, in the Zoning District Map and will not impair an adequate supply of light and air to adjacent property, or increase congestion in public streets, or increase the danger of fire, or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals and welfare of the city. Every appeal, variation or exception granted or denied by the Board shall be accompanied by a written finding of fact based on sworn testimony and evidence, specifying the reason for granting or denying the appeal, variation or exception. The decision of the Board shall be made a part of any building permit in which an appeal, variation or exception is allowed.

   (G)   The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector, 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 variations or exceptions in this chapter.

(1994 Code, § 155.169) (Ord. 200, passed 4-28-1969; Ord. 276, passed 2-2-1978; Ord. 2007-02, passed 1-22-2007; Ord. 13-03, passed 2-25-2013; Ord. 16-04, passed 4-25-2016)