The Board of Zoning Appeals shall consist of five members, all
of whom shall be residents of the City, and who shall be appointed
by the Mayor, by and with the consent of the Council. None of the
members shall hold any other public office of the City, EXCEPT that
one member may be a member of the Plan Commission.
[Amended 7-7-2020 by Ord. No. 238]
Each member shall serve for a term of three years and shall
be appointed at the organization meeting of the governing body held
the first Tuesday in January each year. Appointments shall be so staggered
that no more than two members' terms shall expire in one year.
Vacancies shall be filled by appointment of the Mayor, by and with
the consent of the Council, as said vacancies occur. The appointment
shall be for the balance of the unexpired term.
Members of the Board of Zoning Appeals shall serve without compensation.
The Board of Zoning Appeals shall annually elect one of its
members as Chairman, and shall appoint a secretary, who may be an
officer or an employee of the City.
The Board shall from time to time adopt rules of procedure to
regulate the conduct of its business. Such rules shall be submitted
by recommendation of the Board of Zoning Appeals to the Governing
Body in resolution form for approval.
Meetings of the Board shall be at the call of the Chair and
at such other times as the Board may determine. Meetings shall be
held at the City Hall unless circumstances make that location impracticable
for a particular session, in which case, said meeting shall be held
at any convenient place within the City.
The Board of Zoning Appeals shall keep minutes of its proceedings,
showing evidence presented, findings of fact by the Board, decision
of the Board and the vote upon each question. Records of all official
actions of the Board shall be filed in its office which shall be in
the office of the City Clerk and shall be a public record.
The Board of Zoning Appeals shall administer the details of
appeals from or other matters referred to it regarding the application
of the zoning ordinance as hereinafter provided. The Board:
(a) Shall hear and decide appeals by any person, officer of the City,
government agency or body effected by any decision of the officer
administering the provisions of the zoning ordinance.
(b) Shall hear and decide appeals where it is alleged there is error
in any order, requirement, decision or determination made by an officer
administering the enforcement of the zoning ordinance.
(c) May, when it shall deem the same necessary, grant variances to the
zoning ordinance to authorize, in specific cases, a variance from
the specific terms of the ordinance which will not be contrary to
the public interest and where, owning to special conditions, a literal
enforcement of the provisions of the ordinance will, in an individual
case, result in unnecessary hardship, and provided that the spirit
of the ordinance shall be observed, public safety and welfare secured
and substantial justice done.
Such variance shall not permit any use not permitted by the
zoning ordinance in the use district within which the particular property
be located.
A request for a variance may be granted in such cases, upon
a finding of the Board that all of the following conditions have been
met:
(1)
That the variance requested arises from such condition which
is unique to the property in question and which is not ordinarily
found in the same zone or district, and is not created by an action
or actions of the property owner or applicant;
(2)
That the granting of the permit for the variance will not adversely
affect the rights of the adjacent property owner or residents;
(3)
That the strict application of the provisions of the zoning
ordinance of which variance is requested will constitute unnecessary
hardship upon the property owner represented in the application;
(4)
That the variance desired will not adversely affect the public
safety, health, morals, order, convenience, prosperity or general
welfare; and
(5)
That granting the variance desired will not be opposed to the
general spirit and intent of the zoning ordinance.
(d) May, when it shall deem the same necessary, grant exceptions to the
provisions of the zoning ordinance in those instances where the Board
is specifically authorized to grant such exceptions and only under
the terms of the zoning ordinance.
In no event shall exceptions to the provisions of the zoning
ordinance be granted where the use or exception contemplated is not
specifically listed as an exception in the zoning ordinance. Further,
under no conditions shall the Board of Zoning Appeals have the power
to grant an exception when conditions of the exception as established
by the Governing Body are not found to be present.
(e) Shall have the power, in specific cases, to modify or vary building
or setback lines on streets for which a building or setback One has
been adopted by the governing body as part of its comprehensive plan
in order that unwarranted hardship, which constitutes complete deprivation
of use as distinguished from merely granting a privilege, may be avoided,
yet the intended purpose of the regulations shall be strictly observed
and the public and public safety protected.
In exercising the foregoing powers, the Board, in conformity
with the provisions of this Article, may reverse or affirm, wholly
or partly, or may modify the order, requirement, decision, or determination,
and to that end shall have all the powers of the officer from whom
the appeal is taken, may attach appropriate conditions and may issuance
of a permit.
(f) May, in its discretion, when deemed advisable, authorize exceptions
to the zoning requirements and restrictions of technical nature by
(1) a special temporary permit for specific period not exceeding two
years, or (2) by special permit for a specific purpose, after conducting
a public hearing thereon with due notice thereof by publication prior
thereto.
Any person, official, or governmental agency dissatisfied with
any order or determination of the Board of Zoning Appeals may bring
action in the district court of Johnson County to determine the reasonableness
of any such order or determination.