A.

Appointment of board of zoning appeals. The board of zoning appeals of the city (hereinafter referred to as "the board") is hereby established in accordance with the provisions of this section. The board shall consist of seven members, appointed by the city council, who have lived and resided in the city a minimum of 12 consecutive months prior to the appointment on the board. The members shall serve for overlapping terms of four years or until succeeded. Four unabstaining members must be present in order for the board to take action.

Any vacancy in the membership shall be filled for the unexpired term in the same manner that the initial appointment was made. Members shall be removable for cause by the city council upon written charges and after public hearing. Members may succeed themselves.

B.

Jurisdiction. The board shall have jurisdiction over certain matters arising in connection with administration of this section herein provided.

C.

Procedure. The board shall elect one of its members as chairperson, who shall serve in this capacity for one year or until he is reelected or his successor is elected. The board shll appoint a secretary, who may be an officer of the governing authority or the planning commission. The secretary shall not be permitted to vote on any issue before the board. The board shall adopt rules in accordance with the provisions of this section.

Meetings of the board shall be held at the call of the chairperson and at synch other times as the board may determine. The chairperson or, in his absence, the acting chairperson may administer oaths and compel the attendance of witness by subpoena. All meetings of the board shall be open to the public. No member of the board shall participate in a hearing in which he has any pecuniary or special interest.

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 such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be public record. On all appeals, applications and other matters brought before the board, the board shall inform, in writing, all parties involved of its decisions, stating the reasons therefore, including city council and city manager.

D.

Appeal procedure. Appeals to the board may be made by any person aggravated, or by an officer, department, board bureau of the city affected by a decision of the planning director or other city official based on this section. A completed appeal application must be received by the planning director no later than 30 days after aforesaid decision; thereafter, the decision of the respective city official shall become final. Appeals shall be submitted on application forms obtainable from the planning director. All documentation related to the appeal shall be transmitted to the board by the planning director. The application shall be processed in accordance with the meeting date/application deadline schedule approved by the board of zoning appeals. Except where a continuance is approved, the initial public hearing shall be conducted within 100 days of the submittal of the completed application (application, supporting documentation, fees, etc.).

The board of zoning appeals shall render a decision regarding a variance, special exception or appeal application within 75 calendar days of the initial public hearing on the matter. If no decision has been made within that time, the request shall automatically be considered approved by the board, and the secretary of the board shall direct that the necessary permits be issued.

Action shall not be initiated on the same appeal by the same applicant more often than once every 12 months. Any communication purporting to be an application for an appeal shall be regarded as mere notice to seek relief until it is made in the form required.

A maximum of two continuation requests from the applicant is allowed per appeal application.

E.

Powers and duties. The board shall have the following powers and duties:

1.

To hear and decide appeals where it is alleged there is an error in an order, requirement, decision, or determination made by an administrative official in the enforcement of the zoning appendix;

2.

To hear and decide appeals for a variance from the requirements of the zoning appendix when strict application of the provisions of the section would result in unnecessary hardship. A variance may be granted in an individual case of unnecessary hardship if the board makes and explains in writing the following findings:

a.

There are extraordinary and exceptional conditions pertaining to the particular piece of property;

b.

These conditions do not generally apply to other property in the vicinity;

c.

Because of these conditions, the application of the section to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of the property; and

d.

The authorization of a variance will not be of substantial detriment to adjacent property or to the public good, and the character of the district will not be harmed by the granting of the variance.

1)

The board may not grant a variance that would allow the establishment of a use not otherwise permitted in a zoning district, that would extend physically a nonconforming use of land, or that would change the zoning district boundaries shown on the official zoning map. The fact that the property may be utilized more profitably, should a variance be granted, may not be considered grounds for a variance. Other requirements may be prescribed by the zoning appendix.

Note: A local governing body by ordinance may permit or preclude the granting of a variance for a use of land, a building, or a structure that is prohibited in a given district, and if it does permit such a variance, it may require affirmative vote of two-thirds of the local adjustment board members present and voting. Notwithstanding any other provision of this section, the local governing body may overrule the decision of the board of zoning appeals concerning a use variance.

2)

In granting a variance, the board may attach to it such conditions regarding the location, character, or other features of the proposed building, structure, or use as the board may consider advisable to protect established property values in the surrounding area, or to promote the public health, safety, or general welfare.

3.

To hear and decide a special exception request the board shall consider the following factors where applicable:

a.

The proposed design and location of the particular development.

b.

The possible traffic-generating characteristics of the proposed development.

c.

The effects of the proposed development on the present or intended character of the area in which it is proposed for location.

d.

The availability of public utilities, facilities and services. After such consideration, the board shall take such actions or establish such reasonable conditions of approval as will accomplish the intents and purposes of this section. Applications for special exceptions of variances may be referred to the planning commission for comment and recommendations and returned to the board within specified period of time.

F.

Action on appeals. In exercising the above powers, the board may, in conformity with the provisions of this section, reverse or affirm, wholly or partly, or may modify the order, requirement or decision of the planning director or other administrative official and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit.

G.

Stay of proceedings. An appeal stays all legal proceedings in furtherance of the action appealed from, unless the planning director certifies to the board after the notice of appeal shall have been filed with him that, by reason of facts stated in the certification, a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application, on notice to the official from whom the appeal is taken and on due cause shown.

H.

Public notice on appeals. The board of zoning appeals shall render a decision on each application within 60 days of the initial public hearing on the matter. Property owners or tenants adjacent to appeal/variance/special exception request shall be notified of the respective board of zoning appeals case by first-class mail. In cases involving variances or special exceptions, conspicuous notice shall be posted on or adjacent to the property affected, with at least one such notice visible from each public thoroughfare that abuts property. At a hearing, any party may appear in person or be represented by agent or by attorney.

I.

Final decision and order. All final decisions and orders of the board must be in writing and be permanently filed in the office of the board as a public record. All findings of fact and conclusions of law must be separately stated in final decisions or orders of the board which must be delivered to parties of interest by certified mail.

J.

Appeals from decisions. A person who may have substantial interest in any decision of the board of appeals from decision of the board to the circuit court in and for the county by filing with the clerk of the court a petition in writing setting forth plainly, fully, and distinctly why the decision is contrary to the law. The appeal must be filed within 30 days after the decision of the board is mailed.

K.

Financing of board. The governing authority may appropriate such monies, otherwise unappropriated, as it considers fit to finance the work if the board of appeals and to generally provide for the enforcement of any zoning regulations and restrictions authorized under this chapter which are adopted and may accept and expend grants of money for those purposes from either private or public sources, whether local, state or federal.

(Ord. No. 02-369, 11-5-2002; Ord. No. 07-460, 10-2-2007; Ord. No. 08-483, § 1, 9-2-2008; Ord. No. 11-519, 8-2-2011; Ord. No. 22-683, 11-1-2022)