Westover City Zoning Code
ARTICLE 1317
Board of Zoning Appeals
1317.01 ESTABLISHED; COMPOSITION; QUALIFICATIONS; COMPENSATION.
A Board of Zoning Appeals is hereby established and shall consist of five members to be appointed by Council, all of whom shall be freeholders and residents of the City, and three of whom shall have been residents of the City for at least five years prior to the time of their appointment. No member of the Board of Zoning Appeals shall be a member of the Planning Commission, nor shall any member hold other elective or appointive office in the City. The members of the Board shall serve without compensation, but shall be reimbursed for actual expenses incurred in the performance of their official duties. The governing body of the City may appoint up to three additional members to serve as alternate members of the BZA. An alternate member shall service on the board when one of the regular members is unable to serve. The alternate member shall serve until a final determination is made in the matters to which the alternate member was initially called on to serve. The alternate members must meet the same eligibility requirements as set out for regular members. The term for an alternate member is three years. The governing body may appoint alternate members on a staggered term schedule. An alternate member shall have the same powers and duties of a regular board member.
(Ord. 405. Passed 2-17-15.)
1317.02 TERMS; VACANCIES.
Members of the Board shall be appointed for the following terms: one for a term of one year, two for a term of two years and two for a term of three years. The terms shall expire on the first day of January of the first, second, and third years respectively following their appointment. Thereafter, as the terms expire, each new appointment shall be for a term of three years. If a vacancy occurs by resignation or otherwise among the members of the Board, Council shall appoint a member for the unexpired term. (Ord. 318. Passed 2-4-08.)
1317.03 ORGANIZATION; OFFICERS; MEETINGS; RECORDS.
(a) At the first meeting of each year, the Board shall elect a chairman and vice- chairman from among its members, and it may appoint and fix the compensation of a secretary and such employees as are necessary for the discharge of its duties, all in conformance to and compliance with salaries and compensation theretofore fixed by Council.
(b) The Board shall adopt such rules and regulations as it may deem necessary to effectuate the provisions of this Zoning Ordinance.
(c) All meetings of the Boards shall be open to the public. The Board shall keep minutes of its proceedings, keep records of its examinations and other official action, prepare findings and record the vote of each member voting upon each question. All minutes and records shall be filed in the office of the Board of and shall be a public record.
(d) Notice that the Board will consider any variance or other question pending before it shall be published once in a newspaper of general circulation in the area at least thirty days prior to the time and date set for the hearing and consideration by the Board of such variance or other issue or appeal. Such notice shall contain a brief description of the variance proposed and identify the parcel of real estate or lot in question and the relief sought from the Board. The affidavit of publication of this notice shall be filed with the official minutes of the Board.
(e) When an appeal is filed by any person with the Board of Zoning Appeals as a result of any action taken by the Mayor or in accordance with any other provision of this Zoning Ordinance providing for an appeal to the Board of Zoning Appeals, the Board shall conduct a hearing on such appeal within thirty days after such appeal is filed with the Board, and the newspaper publication provided for in subsection (d) hereof shall be published within such thirty day period and at least ten days prior to the time and date set for such hearing.
In addition to the foregoing publication of notice, the Board shall notify each property owner within 150 feet of the property for which a variance, conditional use or other permit is being sought, of the date, time and place of such hearing by certified or registered mail. Such notice shall further contain the same information as contained in the published notice. The applicant shall be responsible for the cost of such notices. (Ord. 318. Passed 2-4-08.)
(f) Any person requesting a BZA Variance shall at the time of filing such request, provide a list of the names and addresses of all property owners within 150 feet of the property for which the variance, conditional use or other permit is being sought. The applicant shall further pay the amount of $300 to cover the cost associated with the BZA administrative process and to cover the cost of the notification to property owners.
(Ord. 333. Passed 6-15-09.)
1317.04 APPEALS.
Any decision of the Mayor in enforcement of this Zoning Ordinance may be appealed to the Board by any person claiming to be adversely affected. (Ord. 318. Passed 2-4-08.)
1317.05 POWERS AND DUTIES.
The Board shall have the following powers and it shall be its duty to:
(a) Hear and determine appeals from and review any order, requirement, decision or determination made by the Mayor in the enforcement of this Zoning Ordinance.
(b) Hear and decide on permits for conditional uses, development plans or other uses upon which the Board is required to act under this Zoning Ordinance.
(c) Authorize upon appeal in specific cases such variances from the terms of this Zoning Ordinance as will not be contrary to the public interest where, owing to special conditions, fully demonstrated on the basis of the facts presented, a literal enforcement of the provisions of this Zoning Ordinance will result in unnecessary hardship and so that the spirit of this Zoning Ordinance shall be observed and substantial justice done.
In exercising its powers, the Board may reverse or affirm, wholly or partially, or may modify the order, requirement, decision or determination appealed from as in its opinion ought to be done in the premises, and to that end shall have all the powers of the Mayor, from whom the appeal is taken.
(Ord. 318. Passed 2-4-08.)
1317.06 VARIANCES.
No variance in the application of the provisions of this Zoning Ordinance shall be made by the Board relating to buildings, land or premises now existing or to be constructed unless, after a public hearing, the Board shall find:
(a) That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and district.
(b) That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and district but which is denied to the property in question.
(c) That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and district in which the property is located.
(d) That the granting of such variance will not alter the land use characteristics of the vicinity and district, diminish the marketable value of adjacent land improvements or increase the congestion in the public streets.
(Ord. 318. Passed 2-4-08.)