A Building and Zoning Board of Appeals shall be appointed in accordance with Section 9.06 of the City Charter.

(Ord. 4320. Passed 11-15-93.)

   The Building and Zoning Board of Appeals may call upon the various departments of the City for assistance in the performance of its duties and it shall be the duty of such departments to render such assistance to the Board as may reasonably be required.

(Ord. 4320. Passed 11-15-93.)

   (a)   An appeal to the Building and Zoning Board of Appeals may be taken by any person aggrieved or by an officer of the City affected by any decision of the Code Enforcement Officer and the City Manager. Such appeal shall be taken within twenty days after the decision, by filing with the Code Enforcement Officer and with the Board an application for a hearing. Such application shall contain the name and address of the applicant, the nature of the request and such other information as the Board may require. Accompanying the application shall be the names and addresses of all property owners within 300 feet of the property, six copies of pertinent plans and exhibits (if required) and any required fee as established by Council. The Code Enforcement Officer shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

   (b)   An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Code Enforcement Officer certifies to the Board, after the notice of appeal has been filed with it, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case the decision of the Code Enforcement Officer or City Manager shall be carried out upon order by the Board or by a court of equity, after notice to the officer from whom the appeal is taken and on due cause shown.

   (c)   The Board shall make recommendations to Council according to the provisions of Section 9.6 of the City Charter and to that end shall have all powers of the officer from whose decision the appeal is taken.

   (d)   A fee as established by Council shall be paid to the Director of Finance at the time a notice of appeal is filed. Such fee shall be credited to the General Fund.

(Ord. 4320. Passed 11-15-93.)

   (a)   Within a reasonable time after the filing of a notice of appeal with the Building and Zoning Board of Appeals, the Board shall fix a reasonable time for a hearing thereon. Notice of the date, time and place of the hearing shall be given as follows:

      (1)   Publication in a newspaper of general circulation in the City at least ten days before the day of the hearing;

      (2)   In writing to the parties concerned with the appeal and to all property owners within 300 feet of the lot or other area involved. To those owners of property within, contiguous to and directly across from the affected property, such notice shall be sent by certified mail to the last known address of the property owner at least ten days before the day of hearing. For all other property owners, such notice shall be sent by first class mail.

   (b)   Upon the day for hearing any application or appeal, the Board may adjourn the hearing in order to permit additional information to be obtained or to cause such further notice as it deems proper to be served upon such other property owners as it decides may be substantially interested in the application or appeal. In the case of an adjourned hearing, persons previously notified and persons already heard need not be notified of the time of resumption of the hearing unless the Board so decides.

(Ord. 4320. Passed 11-15-93; Ord. 4968. Passed 5-6-02.)

   (a)   The Building and Zoning Board of Appeals shall decide all applications and appeals within ten days after the final hearing thereon.

   (b)   A certified copy of the Board's recommendation to Council and Council's decision thereon shall be transmitted to all parties in interest. The decision of Council shall be binding upon the Code Enforcement Officer and observed by him and he shall incorporate the terms and conditions of the same in the permit to the applicant or appellant, whenever a permit is authorized by the Board.

   (c)   A decision of Council shall not become final until the expiration of five days from the date such decision is made, unless Council finds that the preservation of property or personal rights requires that such decision take effect immediately, and in such case Council shall certify such necessity on the record.

(Ord. 4320. Passed 11-15-93.)

   (a)   The Building and Zoning Board of Appeals shall have the power to hear and make recommendations on, in accordance with the provisions of this Zoning Code, applications, filed as provided in this chapter, for conditional uses, special exceptions or interpretation of the Zoning Map, and to make recommendations upon other special questions on which the Board is authorized by this Zoning Code and the City Charter to pass. In considering an application for a conditional use, a special exception or an interpretation of the Zoning Map, the Board shall give due regard to the nature and condition of all adjacent uses and structures, and in making a recommendation to authorize a conditional use or special exception, the Board may impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to those expressly stipulated in this Zoning Code for the particular conditional use or special exception, as the Board may deem necessary for the protection of adjacent properties and the public interest.

   (b)   The Board shall not recommend as a conditional use in an R-3 District any housing structure of two or more units unless:

      (1)   The minimum front, rear and side yard requirements of the R-3 District are met.

      (2)   The lot and building minimum square footage requirements set forth below are met.

      (3)   A concrete sidewalk four feet in width and four inches thick will be constructed.

      (4)   There are reasonable provisions to store and dispose of garbage and other household refuse and screens and screen doors for all outside doors and windows.

      (5)   The off-street parking requirements set forth in paragraph (b)(2) hereof are of a hard surface, either four-inch six-sack concrete mix over a one-inch base or blacktop of two inches over a four-inch base.

      (6)   The top of the foundation is at least nine inches above finished grade and proper drainage is provided.

   (c)   In addition to recommending the conditional uses and special exceptions hereinbefore specified, the Board shall have the power to recommend the following conditional uses and special exceptions:

      (1)   Nonconforming uses.

         A.   The substitution for a nonconforming use existing at the time of enactment of this Zoning Code of any other nonconforming use, if no structural alterations, except those required by law, are made. However, in an R District, no change shall be recommended by the Board to any use which is not a permitted or conditional use in any R District, and in a B District no change shall be authorized to any use which is not a permitted or conditional use in any B District.

         B.   The extension of a nonconforming building upon the lot occupied by such building or on an adjoining lot, provided that such lot was under the same ownership as the lot in question at the time the use of such building became nonconforming; provided that such extension is necessary and incidental to such existing nonconforming use; provided that the value of such extension shall not exceed, in all, twenty percent of the existing ground floor area of the existing building devoted to a nonconforming use; provided that the extension is in conformance with all of the provisions of this Zoning Code; and provided that such extension shall be within a distance of not more than twenty-five feet of the existing building or premises. Only one such extension will be permitted.

      (2)   Extension of use on border or district. The extension of a use or building into a more restricted district immediately adjacent thereto, but not more than twenty feet beyond the dividing line of the two districts, under such conditions as will safeguard development in the more restricted district.

      (3)   Temporary structures and uses. The temporary use of a structure or premises in any district for a purpose or use that does not conform to the regulations prescribed elsewhere in this Zoning Code for the district in which it is located, provided that such use is of a temporary nature and does not involve the erection of a substantial structure. A zoning certificate for such use shall be granted in the form of a temporary and revocable permit, for not more than a twelve-month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.

(Ord. 4320. Passed 11-15-93.)

   (a)   The Building and Zoning Board of Appeals shall have the power to hear and make recommendations to Council upon appeals, filed as hereinbefore provided, where it is alleged by the appellant that there is error in any order, requirement, decision, grant or refusal made by the Code Enforcement Officer or other official in the interpretation or in the enforcement of the provisions of this Zoning Code.

   (b)   The Board shall have the power to make recommendations to Council upon appeal in specific cases, filed as hereinbefore provided, relative to variances from the provisions or requirements of this Zoning Code as will not be contrary to the public interest, but only in such cases where, owing to special conditions pertaining to a specific piece of property, the literal enforcement of the provisions or requirements of this Zoning Code would cause undue and unnecessary hardship.

   (c)   Where, by reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property on the effective date of this Zoning Code (Ordinance 4320, passed November 15, 1993), or by reason of exceptional topographic conditions or other extraordinary situation or condition of such piece of property, or of the use or development of property immediately adjoining the piece of property in question, the literal enforcement of the requirements of this Zoning Code would involve practical difficulties or would cause undue hardship, unnecessary to carry out the spirit and purpose of this Zoning Code, the Board shall have power to recommend a variance from such strict application, so as to relieve such hardship, and so that the spirit and purpose of this Zoning Code shall be observed and substantial justice done. In recommending a variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as it deems necessary in the interest of the furtherance of the purpose of this Zoning Code and in the public interest. In recommending a variance, with attached conditions, the Board shall require such evidence and guarantee or bond as it deems to be necessary to assure that the conditions attached are being and will be complied with.

   (d)   No variance shall be recommended unless the Board finds:

      (1)   That the recommendation of the variance will not be of substantial detriment to adjacent property;

      (2)   That the recommendation of the variance will not materially impair the purposes of this Zoning Code; and

      (3)   That the condition or situation of the specific property from which a variance is sought, or the intended use of such property, or both, is not of so general or recurrent a nature as to make reasonably practicable the formulation of general regulations for such condition, situation or use, except for those in this Zoning Code, if any.

(Ord. 4320. Passed 11-15-93.)

   The Building and Zoning Board of Appeals shall have the power to recommend, upon application in specific cases, filed as provided herein, issuance of a zoning certificate for uses that are subject to performance requirements procedure under the provisions of this Zoning Code, as provided in the following:

   (a)   Application. An application of a zoning certificate for a use subject to performance requirements shall be submitted in duplicate on a form prescribed by the Board. The applicant shall also submit, in duplicate, a plan of the proposed construction or development, including a description of the proposed machinery, processes and products, and specifications for the mechanisms and techniques to be used in restricting the emission of dangerous and objectionable elements as set forth in Section 1139.07, in accordance with rules prescribed by the Board specifying the type of information required in such plans and specifications. The fee for such application shall include the cost of the special request that may be required to process it, as set forth in subsection (c) hereof.

   (b)   Report by Expert Consultants. If, in its opinion, the proposed use may cause the emission of dangerous or objectionable elements, the Board may refer the application to one or more expert consultants qualified to advise as to whether a proposed use will conform to the applicable performance standards specified in Section 1139.07 for investigation and report. Such consultant or consultants shall report as promptly as possible after his or their receipt of such application. A copy of such report shall be furnished to the applicant.

   (c)   Review by Board. Within thirty days after the Board has received the aforesaid application or the aforesaid report, if a report was required, or within such further period as agreed to by the applicant, the Board shall decide whether the proposed use will conform to the applicable performance standards, and on such basis shall recommend or refuse to recommend issuance of a zoning certificate or require modification of the proposed plan of construction or specifications, proposed equipment or operation. Any zoning certificate so recommended and issued shall be conditioned upon, among other things:

      (1)   The applicant's completed buildings and installations conforming in operation to the applicable performance standards; and

      (2)   The applicant paying the fees for services of the expert consultant or consultants deemed reasonable and necessary by the Board to advise the Board as to whether or not the applicant's completed buildings and installations in operation will meet the applicable performance standards.

   (d)   Continued Enforcement. The Code Enforcement Officer shall investigate any purported violation of performance standards and, if there is reasonable ground for the same, shall notify the Board of the occurrence or existence of a probable violation thereof. The Board shall investigate the alleged violation and for such investigation shall employ qualified experts. If, after public hearing on due notice, the Board finds that a violation occurred or exists, a copy of the findings shall be forwarded to Council. The services of any qualified experts, employed by the Board to advise in establishing a violation, shall be paid by the violator if the violation is established; otherwise by the Municipality.

(Ord. 4320. Passed 11-15-93.)