Ordinance 2015-076 - Laserfiche WebLink

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Version KW1, 082015 and remain a public record. (Ord. 90-125. Passed 5-21-91.) 1123.05 CHAIRMAN'S POWERS. The chairman of the Board of Zoning Appeals, or in his absence, the vice-chairman, may administer oaths and compel the attendance of witnesses and the production of books, papers and other evidence pertinent to any issue before the Board. (Ord. 90-125. Passed 5-21-91.) 1123.06 SPECIAL PERMITS. In addition to any special permit that the Board of Zoning Appeals may be authorized to issue under the provisions of the Zoning Code, the Board shall have the power to authorize the issuance of a special permit for: (a) The use of land or the erection or use of a building or structure such as a real estate office or a contractor's shed or storage yard, for commercial or industrial purposes in a residence district, in cases where such use is incidental and reasonably necessary to the development of the district for residential purposes, and where the proposed use is clearly of a temporary nature, to be abandoned as the adjacent areas become occupied for residence purposes. Any permit so authorized shall be only for such limited period of time as the Board determines is reasonable considering the character of the district in question, and in no case for a period of more than one year; (b) The erection or use of a structure in any district by a public service corporation when such erection or use is reasonably necessary for the service of the public and not unreasonably detrimental to the character of the development; (c) A hospital in an "A" Residence District, where on account of ample site area and adequate open spaces on all sides of the proposed structure, the residential character of the neighborhood shall not be affected; (d) A building to be erected by any public authority in any district, when such use is reasonably necessary and essential for the public convenience and welfare and not seriously detrimental to the character of the district in question; or (e) A storage garage, in a Residence District, located within 200 feet of an existing dwelling, or in a business district within 200 feet of a school, playground, church, hospital, public library or Residence District. (Ord. 90-125. Passed 5-21-91.) 1123.07 APPEALS. (a) Procedure. An appeal from the decision of the Building Official may be made to the Board of Zoning Appeals by any person believing himself aggrieved or by any officer of the City affected by any decision of the Building Official. The appellant shall, within ten days after the date of such decision, file with the Building Official and with the Board a notice of appeal specifying the decision appealed, and the error alleged and relief granted or denied. The Building Official shall forthwith transmit to the Board all papers constituting the record upon which the action appealed from was taken. (b) Hearing. The Board shall hear and decide appeals de novo and shall review on appeal any order, requirement, decision or determination made by the Building Official in the enforcement or application of the Zoning Code. Within its power, the Board may reverse or affirm wholly or in part, or modify, any such order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made under the circumstances and to that end shall have all the powers of the officer from whose decision the appeal is taken. (Ord. 90-125. Passed 5-21-91.) 1123.08 REQUEST FOR RULING OR SPECIAL PERMIT.