Sec. 5-101 Airport Manager.
Sec. 5-102 Conformance with air traffic rules.
Sec. 5-103 Permit to use for commercial
purposes.
Sec. 5-104 Permit to sell food or
refreshments.
Sec. 5-105 Disposal of damaged aircraft.
Sec. 5-106 Repair to aircraft.
Sec. 5-107 Area for landing or takeoffs.
Sec. 5-108 Taxiing after landing.
Sec. 5-109 Taxiing about hangars prohibited.
Sec. 5-110 Starting aircraft engines without
attendant prohibited.
Sec. 5-111 Operation of aircraft engines in
hangar.
Sec. 5-112 Fueling of engine while operating.
Sec. 5-113 Starting and warm-up of aircraft
engines.
Sec. 5-114 Parking and securing of aircraft.
Sec. 5-115 Operation of automotive equipment
on airport.
Sec. 5-116 Smoking restricted.
Sec. 5-117 Mechanical work to be performed in
repair shop.
Sec. 5-118 Federal rules to apply.
Sec. 5-119 Parachuting.
Sec. 5-120 Penalty for violation of article.
State law reference-Airports and landing
fields, K.S.A. 3-201 et seq.
Sec. 5-201 Name.
Sec. 5-202 Purpose.
Sec. 5-203 Officers.
Sec. 5-204 Place of Business.
Sec. 5-205 Membership and dues.
Sec. 5-206 Board.
Sec. 5-207 Meetings.
Sec. 5-301 Board; appointment; terms;
eligible; vacancies; expenses.
Sec. 5-302 Corporate status of board; powers.
Sec. 5-303 Officers of board; meetings;
notice.
Sec. 5-304 Powers and duties of board.
Sec. 5-305 Treasurer of board; duties.
Sec. 5-306 Use of library; rules and
regulations.
Sec. 5-307 Damaging books; penalty.
Sec. 5-308 Taking books without permission;
penalty.
Sec. 5-309 Library Location-Deleted.
Sec. 5-310 Tax levied for library.
Sec. 5-401 Membership; terms.
Sec. 5-402 Organization; meetings.
Sec. 5-403 Powers and duties.
Sec. 5-404 Plans and plats; regulations.
Sec. 5-501 Tree Advisory Board Established;
Composition.
Sec. 5-502 Term of Appointment; Vacancies;
Compensation.
Sec. 5-503 Organization/Operations of Tree
Advisory Board.
Sec. 5-504 Contractual Authority.
Sec. 5-505 Responsibilities.
Sec. 5-601 Membership; terms.
Sec. 5-602 Organization meetings.
Sec. 5-603 Powers and Jurisdictions.
(Article VI.
Created, Ord. No. 3436-03, 2-19-03)
ARTICLE I.
AIRPORT AND AIRPORT MANAGEMENT
Sec. 5-101 Airport
Manager.
The City Manager shall appoint a Manager of the
(Code 1982)
Cross reference-Offices and employees, § 2-109 et seq.
Sec. 5-102 Conformance
with air traffic rules.
It shall be unlawful for any person to navigate any
aircraft from, to or over the
(Code 1982)
Sec. 5-103 Permit
to use for commercial purposes.
No person shall use the Municipal Airport as a base
or terminal for the transportation of passengers, freight, express or mail for
hire or for commercial flight instruction or for communications without first
having secured permission therefore from the Airport Manager. All other commercial activities may be
conducted only after first obtaining a written consent of the Board of
Commissioners.
(Code 1982)
Sec. 5-104 Permit
to sell food or refreshments.
No person shall engage in the sale of refreshments,
food or any other commodity within the confines of the
(Code 1982)
Cross reference-Businesses, Ch 11.
Sec. 5-105 Disposal
of damaged aircraft.
Upon authorization from the Federal Aviation
Administration, the owner of any aircraft, his pilot or agent shall be
responsible for the prompt removal and disposal of wrecked or damaged aircraft
and the parts thereof from the traveled portion of the airport so as to avoid
interference with field operations.
(Code 1982)
Cross reference-Junked, wrecked or abandoned property, §
10-201 et seq.
Sec. 5-106 Repair
to aircraft.
All repairs and maintenance to aircraft and aircraft
engines shall be made in the spaces designated for that purpose by the Airport
Manager and shall not be made on the area reserved for landings, takeoffs or
tie-down parking areas.
(Code 1982)
Sec. 5-107 Area
for landing or takeoffs.
All aircraft shall land and take off on areas
designated as runways by the Airport Manager and as recognized and/or as
authorized by the Federal Aviation Administration, and no person shall take off
or land in an aircraft, except helicopters, on or from taxiways or parking
ramps.
(Code 1982)
Sec. 5-108 Taxiing
after landing.
Every pilot landing in an aircraft at the
(Code 1982)
Sec. 5-109 Taxiing
about hangars prohibited.
No aircraft shall be taxied into or out of hangars.
(Code 1982)
Sec. 5-110 Starting
aircraft engines without attendant prohibited.
No aircraft engine shall be started or operated
unless a competent person is in the cockpit attending to the controls.
(Code 1982)
Sec. 5-111 Operation
of aircraft engines in hangar.
No aircraft engines shall be operated in any hangar
except upon express permission of the Airport Manager.
(Code 1982)
Sec. 5-112 Fueling
of engine while operating.
No aircraft shall be fueled while the engine is operating
except upon express permission of the Airport Manager.
(Code 1982)
Sec. 5-113 Starting
and warm-up of aircraft engines.
Aircraft shall be started and warmed up only in the
places designated for such purposes by the Airport Manager. At no time shall engines be tuned up in such
positions that hangars, shops or other buildings or any person shall be in the
path of the propeller stream.
(Code 1982)
Sec. 5-114 Parking
and securing of aircraft.
All unhoused aircraft shall be parked in the space
designated for that purpose by the Airport Manager and shall be firmly secured
to the ground when left unattended.
(Code 1982)
Sec. 5-115 Operation
of automotive equipment on airport.
The operators of automobiles and other vehicles,
excepting only the drivers of vehicles regularly employed and servicing the
airport, shall use no portion of the airport other than designated automotive
driveways and parking areas. This
automotive traffic prohibition includes runways, taxiways, aprons and grassy
areas.
(Code 1982)
Cross reference-Parking, § 13-301 et seq.
Sec. 5-116 Smoking
restricted.
No person shall smoke in any hangar or any room or
building at the airport except in areas where smoking is specifically
authorized.
(Code 1982)
Cross reference-Public health and safety and environmental
hazards, § 10-101 et seq.
Sec. 5-117 Mechanical
work to be performed in repair shop.
All mechanical work except inspection, removal and
replacement of parts shall be performed only in the repair shop and shall not
be performed in the storage areas of hangars.
(Code 1982)
Sec. 5-118 Federal
rules to apply.
If there shall be any conflict between the
provisions of this article and the rules and regulations established by any
federal agency having jurisdiction, the federal rules shall apply. All persons using the airport must conform to
such federal rules and regulations.
(Code 1982)
Sec. 5-119 Parachuting.
Parachuting onto the
(Code 1982)
Sec. 5-120 Penalty
for violation of article.
Any person violating any of the provisions of this
article shall be guilty of a Class A Misdemeanor.
(Code 1982)
Sec. 5-201 Name.
The City
Commission hereby creates an unincorporated association called “The Friends of
the Ottawa Municipal Auditorium”, referred to as “the Friends”.
Sec. 5-202 Purpose.
Section 1. The Friends is a non-profit association,
established and sanctioned by the Ottawa City Commission, to allow supporters a
venue and vehicle for enhancing the Ottawa Municipal Auditorium (OMA) and
assisting it in the following areas:
1.
Raising funds to help pay for identified needs of the OMA including
capital projects, equipment and supplies, specific performances, contractual
work including professional consultations, and other projects or programs
agreed upon by the City and Friends.
2.
Building support for the OMA, increasing its influence in the community
and increasing its overall attendance and use.
3.
Soliciting public input and feedback about the facility and operations
and providing such information to the City Manager and OMA staff for their use
in correcting problems, deficiencies, errors or obstacles.
4.
Developing and disseminating information about the facility, the
activities and needs of the OMA.
5.
Actively seeking volunteers to help with events or projects, and
recruiting members in the Friends.
Section 2. No
part of the net earnings of the Friends shall be used for the benefit of any
member, trustee, official or individual.
The Friends shall not give financial assistance or intervene in any
political campaign of any candidate for local public office.
Section 3. In
the event of the dissolution of the Friends, all liabilities and obligations
shall be paid, satisfied and discharged.
All remaining assets, property and income owned or held shall be
transferred to the City of
Section 5-203 Officers.
Section 1. Officers
of the Friends shall be President, Vice-President, Secretary, and Treasurer.
Section 2. Duties
of the officers shall be as follows:
1.
The President shall call and preside over the meetings of the general
membership and of the Friends of the Ottawa Municipal Auditorium Board, and
shall see that those who should be present are notified of the meeting. The President shall appoint committees
consistent with the purposes of this organization, and shall supervise
activities of the Friends.
2.
The Vice-President shall, in the absence of the President, perform all
of the duties of the President; become President for the unexpired term in case
of death, resignation or incapacity of the President; and serve in such other
capacities as assigned by the President.
3.
The Secretary shall see that a record is kept of all meeting, reports
and special papers considered to be of continued value to the Friends, as well
as a list of names and addresses of the membership.
4.
The Treasurer shall be responsible for the receipt and expenditures of
all funds authorized by the Friends of the Ottawa Municipal Auditorium; keep
and maintain the financial records; make an accounting of all receipts,
expenditures and transfers for the year at the Annual Meeting; and see that a
yearly audit is conducted.
Section 3. All
officers shall be elected by a majority vote of the Friends Board at their first
meeting of each year and shall serve for a term of one year or until their
respective successors are elected. No
person shall hold the same office for more than four successive terms except
the Treasurer, who may serve five successive terms.
Section 5-204 Place
of Business.
The place within the State of
Section 5-205 Membership
and Dues.
Section 1. Membership in this Association
shall be open to all interested persons.
Each member shall be entitled to one vote on all questions submitted to
the general membership.
Section2. Dues
shall be payable at the beginning of each year.
The Friends shall set the types of memberships and amount of dues.
Section 5-206 Board.
Section 1. The Board members of the Friends
shall conduct the business of the association between meetings of the
membership under the guidelines established by the membership.
Section 2. The
Board shall consist of a minimum of five (5) members, appointed on a staggered
basis to four-year terms, with the initial Board to be selected as follows; two
(2) members to serve four-year terms, two (2) members to serve three-year
terms, and one member to serve a one-year term.
Subsequently, when these terms expire they shall be filled for four (4)
year terms.
Section 3. If
a Board member fails to complete their term, the remaining board members shall
select a replacement to fill the position for the remainder of the unexpired
term. If the unexpired term is for less
than two (2) years, the member shall be eligible to serve two (2) more complete
terms.
Section 4. A
nominating committee shall be appointed by the Board prior to the annual
meeting to prepare a slate of nominees for election to the board. Additional nominations may be made from the
floor with the advance consent of the nominee.
Section 5. Meetings
of the Board shall be held monthly.
Meetings may be held more or less frequently as needed or on the call on
the President or any two (2) officers other than the President.
Section 6. The
Board shall provide a copy of all agendas, minutes and supporting material
prior to its meetings to the City Clerk and City Manager, and shall keep the
City Manager informed of its activities.
Section 5-207 Meetings
Section 1. All meetings of The Friends shall
be open to the public.
Section 2. The
Board’s November meeting shall constitute the Annual Meeting of the membership,
and any member attending this meeting is eligible to vote on business presented
for transaction.
Section 3. Any
two (2) officers may call a meeting of the membership. The Secretary shall see that the membership
is notified of such a meeting.
Section 4. The
members, who attend a meeting of the general membership, after proper notice of
such meeting has been given, shall constitute a quorum.
Section 5. A
majority of the members of the Board shall constitute a quorum.
REVISED: (Ord. No. 3449-03, 7/2/03) Changed
10/30/03
ARTICLE III.
LIBRARY AND LIBRARY BOARD
Sec. 5-301 Board;
Appointment; terms; eligible; vacancies; expenses.
The Mayor shall appoint, with the approval of the
Commission, a Library Board for the Municipal Library. The Library Board shall consist of seven (7)
members. Upon the expiration of the terms
of members first appointed, succeeding members shall be appointed in like
manner for terms of four (4) years. All
members appointed to the Library Board shall be residents of the City. Vacancies occasioned by removal from the
City, resignation or otherwise, shall be filled by appointment for the
unexpired term. No person who has been
appointed for two (2) consecutive four-year terms to the Library Board shall be
eligible for further appointment to such board until two (2) years after the
expiration of the second term. Members
of the Library Board shall receive no compensation for their services as such,
but shall be allowed their actual and necessary expenses in attending meetings
and in carrying out their duties as members.
(Code 1982)
Sec. 5-302 Corporate
status of board; powers.
In accordance with State Statute, the Library Board
shall constitute a body corporate and politic, possessing the usual powers of a
corporation for public purposes, under the name and style of “the Board of
Directors of the Ottawa Municipal Library”, and under such name may contract,
sue and be sued, and acquire, hold and convey real and personal property. The acquisition or disposition of real
property shall be subject to the approval of the City Commission.
(Code 1982)
Sec. 5-303 Officers
of board; meetings; notice.
The members of the Library Board shall, immediately
after their appointment and annually thereafter, meet and organize by the
election of a Chairman, a Secretary and a Treasurer and such other officers as
they may deem necessary. The board shall
fix the date and place of its regular meetings, and special meetings may be
called by the Chairman or upon written request of a majority of the members. Written notice stating the time and place of
any special meeting and the purpose for which called, shall, unless waived, be
given each member of the board at least two (2) days in advance of such
meeting, and no business other than that stated in the notice shall be
transacted at such meeting.
(Code 1982)
Sec. 5-304 Powers
and duties of board.
The Library Board shall have the following powers
and duties.
A. To make and adopt rules and
regulations for the administration of the Library.
B. With the approval of the Governing
Body of the City, to purchase or lease a site or sites and to lease or erect a
building or buildings for the use of the Library.
C. To acquire by purchase, gift or
exchange, books, magazines, papers, printed materials, slides, pictures, films,
projection equipment, phonograph records and other material and equipment
deemed necessary by the Board for the maintenance and extension of modern
library service.
D. To employ a librarian and such other
employees as the board shall deem necessary and the authority to remove them
and to fix their compensation.
E. To establish and maintain a library
or libraries and traveling library service with the City or within any other
City with which service contract arrangements have been made.
F. To contract with other libraries
established under the provisions of Chapter 12, Article 12 of Kansas Statutes
Annotated or with the Governing Body of a City not maintaining a public library
for the furnishing of library service to the inhabitants of such City to the
extent and upon such terms as may be agreed upon, and to contract to furnish
library service to any school library.
G. To receive, accept and administer
any money appropriated or granted to it by the State or the Federal Government
or any agency thereof for the purpose of aiding or providing library service.
H. To receive and accept any gift or
donation to the library and administer the same in accordance with any
provisions thereof.
I. To make annual reports to the
State Librarian and the Governing Body of the City on or before January 31st of
each year for the preceding calendar year, showing receipts and disbursements
from all funds under its control, and showing such statistical information
relating to library materials acquired and on hand, number of library users,
library services available, and other information of general interest as said
Governing Body may require.
J. To place money received from
sources other than a tax levy for library purposes, in its discretion, in a
separate fund or funds, or to place the money in the fund to which the tax levy
money is credited unless the grantor or donor shall direct how and for what
purpose the money shall be handled and spent.
(Code 1982)
Sec. 5-305 Treasurer
of board; duties.
The Treasurer of the Library Board shall give bond
in an amount fixed by said board and approved by the Governing Body of the City
for the safekeeping and due disbursement of all funds that may come into the
hands of the Treasurer. Such bonds shall
be filed with the Clerk of the City.
Except where otherwise provided by law, the Treasurer of the City shall
pay over to the Treasurer of the Library Board all funds collected for the
maintenance of the library and the Treasurer of the Library Board shall pay out
said funds on orders of the Board signed by the Secretary and Chairman
thereof. Such Treasurer shall keep an
accurate record of all moneys received and disbursed by him and make a report
thereof to the Library Board monthly, or as often as said Board shall require.
(Code 1982)
Sec. 5-306 Use
of library; rules and regulations.
The Library established under, or governed by the
provisions of this ordinance, shall be free to the use of the residents of the
City, subject always to such reasonable rules and regulations as the Library
Board may adopt, and said Board may exclude from the use of said Library any
and all persons who shall willfully violate such rules. The Library Board may extend the use and
privilege to such Library to nonresidents of the City and may make exchanges of
books with any other library upon such terms and conditions as said Board may
from time to time by its regulations prescribe.
(Code 1982)
Sec. 5-307 Damaging
books; penalty.
A. It shall be unlawful for any person
to destroy or damage any book, page of any book, map, chart, magazine, record,
and statuary or other personal property of, or used in connection with, the
Public Library.
B. A violation of this section is a Class B Misdemeanor.
(Code 1982)
Sec. 5-308 Taking
books without permission; penalty.
A. It shall be unlawful for any person
to take from the Public Library of the City any book, page of any book, map,
plat, chart, picture, magazine or record or other property of, or used in
connection with, said Public Library except with the permission of the
librarian or person in charge thereof, and under the rules of the Library Board
of said Public Library.
B. A violation of this section is a Class B Misdemeanor.
(Code 1982)
Sec. 5-309 Library
Location-Deleted.
(Ord. No. 3357-00, 12-20-00)
State law reference-Library, K.S.A. 12-1222 et
seq.
Sec. 5-310 Tax
levied for library.
A. The City, by the power vested in it
by Article 12, Section 5, of the State Constitution, hereby elects to make
inapplicable to it and exempts itself from K.S.A. 79-1952, which applies to
this City but not uniformly to all cities and provides substitute provisions on
the same subject as provided in Subsection (B) of this section.
B. The Board of Commissioners is hereby
authorized and empowered to levy taxes in each year at a rate of levy in any
one year on each dollar of assessed tangible valuation of the City for the
following named purposes and not to exceed the following named rate:
C. Library: Ten (10) mills.
REVISED: (Ch. Ord.
No. 12, 09-06-95)
State law reference- Limitation on certain tax
levies, K.S.A. 79-1952.
ARTICLE IV.
PLANNING COMMISSION
Sec. 5-401 Membership;
terms.
The City Planning Commission shall consist of seven
(7) members who are electors. Two
members shall reside outside, but within three (3) miles of, the city
limits. All members shall be appointed
by the Commission. Members shall be
appointed for terms of three (3) years.
Vacancies shall be filled by the appointment for the unexpired term. Members of the Planning Commission shall
serve without compensation for their services.
(Code 1982)
State law reference-Similar provisions, K.S.A.
12-722 (a), (b).
Sec. 5-402 Organization;
meetings.
The members of the City Planning Commission shall
meet within two (2) weeks following their appointment and organize by the
selection of one (1) of their members as Chairperson, one (1) as
Vice-chairperson and one (1) as Secretary, each of whom shall serve for one (1)
year and until his successor has been selected.
The City Planning Commission shall meet at least once each month at such
time and place as it may fix by resolution, and special meetings may be called
by the Chairperson. A majority of the
Planning Commission shall constitute a quorum for the transaction of business.
The Planning Commission shall cause a record to be kept of all its proceedings.
(Code 1982)
State law reference-Planning Commission
meetings, officers, powers, K.S.A. 12-745.
Sec. 5-403 Powers
and duties.
A. The powers and duties of the
Planning Commission shall be to make comprehensive plans and maps of the whole or
any portion of the City, which in its opinion bears relation to the planning of
the City, and to make changes in such plans or maps when it deems such changes
advisable. Such plans or maps shall show
the Planning Commission’s recommendations for new streets, alleys, ways,
viaducts, bridges, parks, parkways, playgrounds or any other public grounds or
public improvement and the removal, relocation, widening or extension of such
public works then existing with a view to the systematic planning of the City. The Commission may make recommendations to
the Governing Body concerning the location of the streets, transportation and
communication facilities, public buildings and grounds.
B. The Board of Commissioners shall
require the City Planning Commission to recommend the boundaries of zoning
districts and appropriate regulations to be enforced therein.
C. Whenever the Planning Commission
shall have made and agreed upon a plan for the development of the City or any
portion thereof, such plan or plans shall be submitted to the Board of
Commissioners for their consideration and action pursuant to K.S.A. 12-747.
(Code 1982)
State law reference-Comprehensive plan,
procedure for adoption, K.S.A. 12-747.
Sec. 5-404 Plans
and plats; regulations.
A. All plans, plats or replats of land
laid out in building lots and the streets, alleys or other portions of land
intended to be dedicated for public use or for the use of purchasers or owners
of the lots fronting thereon or adjacent thereto and plans and descriptions of all
streets, alleys or public ways intended to be deeded or dedicated for public
use or for the use of purchasers or owners of the land fronting thereon or
adjacent thereof which is not intended to be platted into lots, other
designated tracts, and located within the City Limits of the City, shall be
submitted to the Board of Commissioners for official consideration and action.
B. No plat or replat or dedication or
deed of any street or public way shall be filed with the Register of Deeds as
provided by law until such plat or replat or dedication or deed shall have
endorsed on it the fact that it has first been submitted to the City Planning
Commission and by the City Planning Commission to the Board of Commissioners
and by such Board of Commissioners duly approved. Before exercising the powers referred to
above, the City Planning Commission shall adopt regulations governing the
subdivision of land within its jurisdiction.
Such regulations may provide for the proper area of streets in relation
to other existing or planned streets and to the mapped plan for adequate and
convenient open spaces for traffic, utilities, access of firefighting
apparatus, recreation, light and air, and for the avoidance of congestion of
population, including minimum width and area of lots.
(Code 1982)
State law reference-Plats, K.S.A. 12-752
Sec. 5-501 Tree
Advisory Board Established; Composition.
A Citizens’ Tree Advisory Board (hereinafter
referred to as the “Board”) shall be established for the purpose of advising
the City Commission related to the matter of trees within the City of
REVISED: (Ord. No.
3325-99, 08-18-99; Ord. No. 3626-07,
04-04-07) Changed: 01-14-08
Sec. 5-502 Term
of Appointment; Vacancies; Compensation.
Members shall be appointed for a term of three
years, with initial appointments being made for one (1) year (1 position), two
(2) years (2 positions) and three (3) years (2 positions) in order to establish
a rotation among the membership. Initial
appointments shall be effective immediately.
The terms applicable to these initial appointments shall begin during
the second quarter of calendar year 2000 following re-organization of the City
Commission. In the event of an unplanned
vacancy on the Board, a successor shall be appointed to fill the unexpired
term. Members shall receive no
compensation for their services.
REVISED: (Ord. No.
3325-99, 08-18-99)
Sec. 5-503 Organization/Operations
of Tree Advisory Board.
As soon as possible after initial appointment,
members of the Board shall organize and elect a Chairperson and a
Vice-chairperson. These positions shall
be appointed annually, during the second quarter of each calendar year. Meetings of the Board should be conducted as
needed, but no less than twice a year. A
majority of the members shall constitute a quorum for the purpose of periodic
meetings. A written record of
proceedings and actions of the Board shall be maintained. The Public Works Director shall function as
Secretary for the Board.
REVISED: (Ord. No.
3325-99, 08-18-99)
Sec. 5-504 Contractual
Authority.
The Board shall not have authority to enter into any
contract or to incur obligations binding on the City.
REVISED: (Ord. No.
3325-99, 08-18-99)
Sec. 5-505 Responsibilities.
The Board shall be responsible to propose tree
planting and maintenance regulations, programs and activities to the City
Commission, and to advise the City Commission concerning issues related to
trees.
REVISED: (Ord. No.
3325-99, 08-18-99)
ARTICLE VI.
BOARD OF ZONING APPEALS
Sec. 5-601 Membership;
terms.
A Board of Zoning Appeals is hereby
established. Such Board shall consist of
not less than three (3) and no more than five (5) members, one of whom shall be
a member of the Planning Commission and if the City enacts zoning regulations
which affect land outside the corporate limits, one (1) member of the board
shall be a resident outside the city limits and all members shall be appointed
by the City Governing Body. The members
first appointed shall serve respectively for terms of one, two and three years,
divided as nearly equally as possible between the members. Thereafter members shall be appointed for
terms of three (3) years each. Vacancies
shall be filled by appointment for the unexpired term. All members of said board shall serve without
compensation.
Sec. 5-602 Organization;
meetings.
The Board shall annually elect one of its members as
chairperson and shall appoint a secretary who may be a board member or an
employee of the City. The Board shall
adopt bylaws and rules or procedure for the conduct of business. Meetings of the Board shall be held at the
call of the chairperson and at such other times as the Board may
determine. The Board shall keep minutes
of its proceedings, showing evidence presented, findings of fact by the Board,
decisions of the Board and voting upon each question. Records of all official actions of the Board
shall be kept.
Sec. 5-603 Powers
and Jurisdiction.
The Board of
Zoning Appeals shall administer the details of appeals or other matters
referred to it regarding the application of the Zoning Ordinance. The Board shall have the following specific
powers:
A. To hear and decide on appeals 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 Ordinance.
B. To interpret the provisions of this
Ordinance in such a way as to carry out the intent and purposes of the adopted
comprehensive plan, and as shown upon the zoning district maps fixing the
several districts accompanying, and made a part of this Ordinance, where the
street layout actually on the ground varies from the street layout as shown on
the zoning district map.
C. To permit a variance in the yard
requirements of any district where there are practical difficulties or
unnecessary hardships in the carrying out of these provisions due to an
irregular shape of the lot, or topographical or other conditions, provided such
variance will not seriously affect any adjoining property or the general
welfare or where variance may be permitted which allow unusual arrangement on
the lot and still clearly and unmistakable accomplish the intent of this
Ordinance. The Board must find that the
granting of such variance will not merely serve as a convenience to the
applicant, but will alleviate some demonstrable or unusual hardship or
difficulty.
D. To hear and grant exceptions to district
zoning regulations.
NEW ARTICLE
CREATED: (Ord. No.
3436-03, 2-19-03)