(a)

A board of adjustments is hereby established. The term "board" when used shall be construed to mean the board of adjustments. The board shall consist of five members, all of whom shall be appointed by the mayor and approved by the city council. The terms of office of the members of the board shall be staggered periods of five years. Three alternate members may be appointed to serve in the absence of or the disqualification of the regular members. Vacancies shall be filled for the unexpired term only. Members may be removed for cause by the mayor and city council upon written charges and after public hearing.

(b)

The board shall elect its own chairperson and vice-chairperson who shall serve for one year. The board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect this chapter and the amendments thereto.

(c)

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of the building and zoning officer, or to decide in favor of the applicant on any matter upon which it is required to pass or to effect any variations.

(d)

Every change 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 variation. The decision of the board shall be made a part of any building permit in which variation is allowed.

(Code 2002, § 102-36; Ord. No. 4080, § 1, 7-21-2008; Ord. No. 4537, exh. A(50-31), 12-20-2017)

(a)

Conditional use exceptions and their accessory buildings and uses may be permitted by the planning commission and city council in the districts indicated therein, in accordance with the procedure set forth in this section.

(b)

Upon receipt of any application for a permit for a conditional use exception by the building official, it shall be referred to the planning commission for investigation as to the manner in which the proposed location and character of the conditional use exception will affect the comprehensive land use plan. The planning commission shall reports the results of its findings to the city council within 60 days after the receipt of the application. If no such report has been made to the city council within this time period, the city council shall be permitted to proceed to process the application.

(c)

A fee as provided in the city fee schedule shall be paid to the clerk of the city at the time the application is files, and an additional fee as provided in the city fee schedule shall be paid to the city clerk prior to the time publication of notice of public hearing is ordered by the council of the city. All fees received hereunder by the city clerk shall be paid over to the city to the credit of the general revenue fund of the city.

(d)

The city council shall then conduct a public hearing after 15 days' notice thereof has been given. Following the hearing and upon an affirmative finding by the city council that:

(1)

The proposed conditional use exception is to be located in a district wherein such use may be permitted;

(2)

The requirements set forth by the planning commission for such conditional use exception will be met;

(3)

The conditional use exception is consistent with the spirit, purpose and intent of the comprehensive land use plan, will not substantially and permanently injure the appropriate use of neighboring property, and will serve the public convenience and welfare;

(4)

The building official shall inspect the development on an annual basis to ensure compliance with the provisions stated in the permit.

(Ord. No. 4537, exh. A(50-32), 12-20-2017)

(a)

Conditional use exceptions and requirements shall be as set forth by the planning commission.

(b)

An existing lawful use which is listed herein as a conditional use exception, and which is located in a district in which such conditional use exception may be permitted, shall be considered a conforming use.

(c)

Any expansion of such conditional use exception involving the enlargement of the buildings, structures, and land area devoted to such us shall be subject to the procedure described in this division.

(d)

If the nature of the conditional use exception involves more than one use, the applicant may apply for a permit for the conditional use exception which most closely relates to the primary use, provided that the requirements of all related uses are met.

(Ord. No. 4537, exh. A(50-33), 12-20-2017)

(a)

Appeals to the board of adjustments on any matter over which the board is specifically granted jurisdiction may be taken by any person aggrieved or by any officer, department or any board or bureau of the city by any decision of the building and zoning official. Such appeal shall be taken within 30 days of such decision by filing with the building and zoning official and with the board a notice of appeal specifying the grounds thereof. The building and zoning official 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 and zoning official certifies to the board, after the notice of appeal has been filed with him, that because of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by proper legal action.

(c)

The board shall fix a reasonable time for the hearing of the appeal, give not less than 15 days' public notice thereof in a newspaper of general circulation as well as due notice to the parties in interest, and decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney.

(d)

A fee in an amount as provided in the city fee schedule shall be paid to the city clerk at the time the application for appeal is filed and a receipt obtained therefor, which shall be delivered to the mayor. The person requesting the appeal shall pay all publication costs to the newspaper advertising the notice of public hearing, and a receipt obtained therefor shall be delivered to the city clerk. All fees received under this subsection by the city clerk shall be paid over to the credit of the city's general revenue fund.

(Ord. No. 4537, exh. A(50-34), 12-20-2017)

(a)

The city council may from time to time, on its own motion or on petition, amend, supplement, change, modify or repeal by ordinance the boundaries of zoning districts or regulations or restrictions established. Any proposed amendment, supplement, change, modification or repeal shall be first submitted to the planning commission for its recommendations and report. The planning commission shall hold a public hearing in relation thereto, giving at least 15 days' notice of the time and place of such hearing, which notice shall first be published in a newspaper having a general circulation in the city.

(b)

Upon the filing of the recommendations and report by the planning commission with respect to any proposed amendment, supplement, change, modification or repeal, the city council shall determine whether or not to grant the amendment, supplement, change, modification or repeal. If it grants the amendment, supplement, change, modification or repeal, it shall do so by ordinance. If the planning commission makes no report within 30 days, it shall be considered to have made a report approving the proposed amendment, supplement, modification or change.

(Code 2002, § 102-96; Ord. No. 4080, § 1, 7-21-2008; Ord. No. 4537, exh. A(50-82), 12-20-2017)

If an adverse report is given by the planning commission or if a protest against the proposed amendment, supplement, change, modification or repeal of this chapter was presented in writing to the city clerk duly-signed and acknowledged by the owners of ten percent or more, either of the area of the land, exclusive of streets, places and alleys, included within such proposed amendment, supplement, change, modification or repeal or within an area, determined by lines drawn parallel to and 185 feet distant from the boundaries of the district proposed to be changed, such amendment, supplement, change, modification or repeal shall not become effective except by the favorable vote of three-fifths of all the members of the city council. The increased vote requirement shall apply in all cases of special use exception and community unit plan planned unit development cases.

(Code 2002, § 102-97; Ord. No. 4080, § 1, 7-21-2008; Ord. No. 4537, exh. A(50-83), 12-20-2017)