A. Within forty-five days of the date of application, but no sooner than fifteen days from the date of public notice, the board shall hear and decide arguments relating to the appeal of the decision in question. The board shall consider oral or written statements from city staff, the appellant, his/her agent or attorney, and the public. The board shall also study the record of the action from which the appeal is taken.
B. In determining appeals related to the administration of the requirements of this title, code violations or abatement procedures, the board of adjustment shall determine:
1. Whether there has been an error in the interpretation and/or administration of the specific provision(s) of city code that are applicable to the appeal; and
2. In the case of appeals of abatement actions, whether the costs being assessed for the abatement are excessive.
C. In determining appeals related to required exactions and dedications, the city will bear the burden of proving that the dedications or exactions to be imposed on a property bear an essential nexus between the requirement and a legitimate governmental interest, and that the proposed dedication or exaction is roughly proportional to the impact of the use, improvement or development proposed by the applicant.
D. The board may, by a vote of five members of the board, approve an appeal. An appeal request that is not approved shall be deemed to be denied. Appeal requests may be tabled by a simple majority of those board members present. Any postponement shall be limited to a maximum of seventy-five days; unless extended with the written permission of the applicant.
E. The board may impose such conditions and safeguards as it deems necessary to satisfactorily correct the situation in question, but it shall not attempt to infringe upon matters not specifically contained in the appeal.
F. The board of adjustment shall forward a report of its findings, and any conditions imposed on approved variances, promptly to the planning and zoning commission and the city council. Transmitted meeting minutes will satisfy this requirement.
(Ord. 1397.17.48 § 2 (part), 2018; Ord. 1397.17.43 § 3, 2012; Ord. 1178.68 § 2 (part), 1995)