(1) PURPOSE
(A) The Board of Adjustment is a quasi-judicial body created to hear and decide requests for relief from the terms of this Ordinance (variance) and to hear and decide appeals from interpretations of this Ordinance made by the Zoning Administrator.
(2) ORGANIZATION
(A) The Board of Adjustment shall be composed of the seven (7) members of the Planning and Zoning Commission, which includes the Chairperson and the Vice-Chairperson.
(B) The Planning and Zoning Commission’s Chairperson and Vice-Chairperson shall be the Chairperson and Vice-Chairperson of the Board of Adjustment.
(3) RULES
(A) In the absence of the Chairperson, the Vice-Chairperson shall be the Chairperson.
(B) The Chairperson, or in his absence the Vice-Chairperson, may administer oaths and take evidence.
(C) Meetings of the Board of Adjustment shall be held at the call of the Chairperson or Vice Chairperson at times deemed necessary for the transaction of business.
(D) A quorum consisting of four (4) members shall be present in order to conduct business.
(E) A majority of members present shall be required to approve or deny a motion on any item.
(F) All meetings shall be open to the public.
(G) The Board of Adjustment shall keep minutes of its proceedings, of its hearings, and of other official actions showing the vote or failure to vote of each member upon each question and indicating the absence of any member of the Board.
(H) A copy of every rule or regulation, variance or order, requirement, decision, or determination of the Board of Adjustment shall be filed with the Zoning Administrator and shall be a public record.
(I) The Board of Adjustment shall adopt all rules and procedures necessary or convenient for the conduct of its business.
(4) POWERS AND DUTIES
(A) The Board of Adjustment shall hear and decide appeals in which it is alleged there is an error in an order, requirement, or decision made by the Zoning Administrator in the enforcement of this Ordinance.
1) Appeals to the Board of Adjustment may be taken by persons aggrieved or by any officer, Department, Board, or bureau of the municipality affected by a decision of the Zoning Administrator regarding an interpretation of the Zoning Ordinance within twenty-one (21) calendar days of such decision or within twenty-one (21) calendar days of when the appealing party knew or should have known of the decision by filing with the Zoning Administrator and with the Board a Notice of Appeal specifying the grounds thereof.
2) No development activities shall commence under the decision and no building permits shall be issued based upon the decision until expiration of the twenty-one (21) calendar day appeal period, unless the Zoning Administrator determines that the delay would cause imminent peril to life or property. If applicable, the Zoning Administrator shall notify the property owner in writing of an appeal and shall advise the property owner to cease all activities under the decision, pending resolution of the appeal.
3) The Board shall hear the appeal within sixty (60) calendar days from the date of original decision and shall give notice of hearing by both publication in a newspaper of general circulation and by posting the notice in a conspicuous place(s) on or near to the property affected.
4) The Board may reverse or affirm, wholly or partly, or modify the order of an interpretation of the Zoning Ordinance made by the Zoning Administrator.
(B) The Board of Adjustment shall hear and decide appeals for variances from the terms of the Zoning Ordinance only if the strict application of this Ordinance will deprive such property of privileges enjoyed by other property of the same classification in the same zoning district because of special circumstances applicable to the subject property, including its size, shape, topography, location, or surroundings.
1) Any variance granted is subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located.
2) The Board of Adjustment may not grant a variance if the special circumstances applicable to the property are self-imposed by the property owner.
3) The Board of Adjustment may prescribe any conditions or stipulations for the approval of a variance as it deems necessary to carry out the intent of this Ordinance.
(5) PROHIBITED ACTION
(A) The Board of Adjustment may not make any changes in the uses permitted in any zoning classification or zoning district or make any changes in the terms of the Zoning Ordinance, provided this limitation shall not affect the Board’s authority to grant variances pursuant to this Article.
(6) APPEAL FROM THE BOARD OF ADJUSTMENT DECISION
(A) A person aggrieved by a decision of the Board of Adjustment may, at any time within thirty (30) days after the Board of Adjustment has rendered its decision, file a complaint for special action in the Superior Court to review the decision.
(B) Filing the complaint does not stay proceedings on the decision sought to be reviewed, but the court may, on application, grant a stay and on final hearing may affirm or reverse, in whole or in part, or modify the decision reviewed.
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