[R.O. 2004 § 420.410; Ord. No. 2.56 § 4, 1-9-2001]
A.
Where it is alleged that there is error
in any order, requirement, decision or determination made by an administrative
official in the enforcement of the zoning regulations or of any ordinance
adopted pursuant thereto, that interpretation may be appealed to the
Board of Zoning Adjustment. In its deliberations, the Board of Zoning
Adjustment must only consider whether or not the interpretation in
question conformed to what was actually written in the regulations.
The Board of Zoning Adjustment may not declare the zoning regulations
unfair or attempt to act contrary to their purpose. The Board of Zoning
Adjustment can clarify ambiguities or resolve conflict between opposing
Sections. Since the Board of Zoning Appeal's decisions will affect
future applications of the regulation in question, the specific hardships
of the applicant should not be considered when reaching a determination.
B.
The applicant shall first meet with the
office of the Zoning Administrator to receive a full explanation of
the zoning requirement in question as currently interpreted. If an
appeal is to be made, an application shall be obtained. An application
for an appeal shall be filed within thirty (30) days after a ruling
has been made by the Zoning Administrator. A clear and accurate written
description of the proposed use, work or action in which the appeal
or interpretation is involved and a statement justifying the appellant's
position must be submitted with the application. Where necessary a
plot plan, drawn to scale, in duplicate showing existing and proposed
plans for the area in question shall be submitted.
C.
After having met with the Zoning Administrator,
the applicant shall file a completed application with the office of
the Zoning Administrator and pay the appropriate fee and deposit.
An application shall not be scheduled for public hearing until the
application form has been fully completed, the filing fee and deposit
paid and all required information submitted. The deposit shall be
used to cover expenses incurred by the City in the processing and
review of the application. If the City's processing and review costs
exceed the amount of the initial deposit, the applicant shall be required
to pay the additional amount.
D.
When an application has been fully completed,
the fee paid and all required information submitted, the Zoning Administrator
shall then schedule a regular meeting of the Board of Zoning Adjustment
and send copies of the application to members of the Board of Zoning
Adjustment.
E.
At its scheduled meeting, the Board shall
hear all facts and testimony from all parties wishing to be heard
concerning the appeal. The appeal must be heard by the Board within
a reasonable period of time from the date that the completed application,
application fee and deposit are submitted and a written decision must
be rendered without unreasonable delay.
F.
The Board of Zoning Adjustment may either
affirm, reverse or modify the order, requirement or interpretation
at issue. The determination, in written form, shall be sent to all
affected parties, including the Planning and Zoning Commission and
the office of the City Clerk. A recorder shall keep minutes of the
public meeting, including evidence presented during the proceedings
and the findings of the Board.
G.
Any person, official or governmental agency
dissatisfied with any order or determination of the Board may bring
an action in the District Court to determine the reasonableness of
any such order or determination. Such appeals must be filed in the
District Court within thirty (30) days after the date that the decision
of the Board has been filed in the office of the City Clerk.
