The Board of Zoning Appeals consists of seven
members appointed by the President of Council, with
the consent of Council, for term of five years.
Each member shall be a resident of the City.
Vacancies shall be filled by appointment by the
President of Council, with the consent of Council,
for the unexpired term of the member affected.
The City Zoning Inspector or designee shall be
present when requested, and shall be an ex-officio
member of the Board of Zoning Appeals without voting
privileges.
Meetings are held on the second Monday of each month
at 7pm, in Council Chambers on the first floor of
City Hall, 125 E. 6th Street. Additional
meetings may be held as the Board may determine.
Agenda items must be submitted 20 calendar days
prior to the regularly scheduled meeting. Any
meeting may be cancelled due to absence of agenda
items. All meetings shall be open to the
public.
For the purpose of the Zoning Ordinance, the Board
has the following specific responsibilities:
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To hear and decide appeals where it is alleged
there is an error in any order, requirement,
decision, interpretation or determination made
by the Zoning Inspector;
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To authorize such variances from the terms of
this Zoning Ordinance as will not be contrary to
the public interest, where, owing to the special
conditions, a literal enforcement 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;
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To grant conditional use permits as specified in
the Official Schedule of District Regulations
and under the conditions specified in Chapter
1137 and such additional safeguards as will
uphold the intent of this Zoning Ordinance.
It is the intent of the Zoning Ordinance that all
questions of interpretation and enforcement shall be
first presented to the Zoning Inspector, and that
such questions shall be presented to the Board only
on appeal from the decision of the Zoning Inspector,
and that recourse from the decisions of the Board
shall be to the courts as provided by law. Any
such appeal shall be made within ten days of the
Board's written decision.
Appeals to the Board of Zoning Appeals concerning
interpretation or administration of the Zoning
Ordinance may be taken by any person aggrieved or by
any officer or bureau of the City affected by any
decision of the Zoning Inspector. Such appeal
shall be taken within 20 days after the decision by
filing, with the Zoning Inspector and with the Board
of Zoning Appeals, a notice of appeal specifying the
grounds upon which the appeal is being taken.
The Zoning Inspector shall transmit to the Board of
Zoning Appeals all the papers constituting the
record upon which the action appealed from was
taken.
The Board of Zoning Appeals may authorize upon
appeal in specific cases such variance from the
terms of the Zoning Ordinance as will not be
contrary to the public interest where, owing to
special conditions, a literal enforcement of the
provisions of this Zoning Ordinance, would result in
unnecessary hardship. Variances shall not be
granted on the grounds of convenience or profit, but
only where strict application of the provisions of
this Zoning Ordinance would result in unnecessary
hardship.
The Board of Zoning Appeals shall hold a public
hearing within 65 days after the receipt of an
application for an appeal or variance from the
Zoning Inspector or an applicant.
The Board of Zoning Appeals shall review the
particular facts and circumstances for a conditional
use of each proposed use in terms of the following
standards and shall find adequate evidence showing
that such use at the proposed location:
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Is in fact a conditional use as established
under the provisions of Chapter 1137 and appears
on the Official Schedule of District Regulations
adopted by Section 1137.02 for the zoning
district involved;
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Will be harmonious with and in accordance with
the general objectives, or with any specific
objective of the City's Comprehensive Plan
and/or the Zoning Ordinance;
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Will be designed, constructed, operated and
maintained so as to be harmonious and
appropriate in appearance with the existing or
intended character of the general vicinity and
that such use will not change the essential
character of the same area;
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Will not be hazardous or disturbing to existing
or future neighboring uses;
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Will be served adequately by essential public
facilities and services such as highways,
streets, police and fire protection, drainage
structures, refuse disposal, water and sewer,
and schools; or that the persons or agencies
responsible for the establishment of the
proposed use shall be able to provide adequately
any such services;
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Will not create excessive additional
requirements at public cost for public
facilities and services and will not be
detrimental to the economic welfare of the
community;
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Will not involve uses, activities, processes,
materials, equipment and conditions of operation
that will be detrimental to any persons,
property or the general welfare by reason of
excessive production of traffic, noise, smoke,
fumes or odors;
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Will have vehicular approaches to the property
which shall be so designed as not to create an
interference with traffic on surrounding public
thoroughfares.
In granting any conditional use, the Board may
prescribe appropriate conditions and safeguards in
conformity with the Zoning Ordinance.
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