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(a) Composition. The Board of Zoning Appeals shall consist of five electors appointed by Council. The term of office of the members of the Board shall be five years, excepting that the membership of the first board appointed shall serve respectively for the terms of one, two, three, four and five years. Thereafter, members shall be appointed for terms of five years each.
(1) At the first meeting of each year, the Board shall elect a chairman and a vice chairman from among its members who shall serve for one year, and it may appoint and fix the compensation of a secretary and such employees as are necessary for the discharge of its duties, all in conformity to and compliance with salaries and compensation fixed by Council.
(b) Meetings and Records. Meetings of the Board shall be held at the call of the chairman. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations, testimony and official actions, all of which shall be filed in the office of the Clerk and shall be a public record.
(c) Filing Procedure. Written application for a variance shall be filed with the City Manager, who will transmit the same together with the preliminary plat and other papers pertaining to the application, to the Board. Written application for an administrative appeal shall be made directly to the Board.
(1) All applications made to the Board shall be in writing, filed with the City Manager, and the Board shall meet at least fourteen days after and no more than thirty days after the filing of the application. Each application shall refer to the specific provisions of the Subdivision Regulations involved and shall set forth a clear and exact description of land involved, the interpretation of these Regulations that is claimed, and/or the details of the variance proposed to be granted.
(d) To Hear Appeals. The Board shall hear and decide appeals where it is alleged there is an error in any administrative decision made by the City Manager in the enforcement of these Regulations. Any person claiming to be aggrieved by any order, requirement or decision made by the City Manager may appeal to the Board; such appeal shall be taken within twenty days of the date of decision, by filing with the City Manager from whom the appeal is taken and with the Board a notice of appeal specifying the grounds thereof. The City Manager shall transmit to the Board all of the papers constituting the record upon which the action appealed from is taken. Normally, such review by the Board shall be limited to alleged errors in interpretation of these Regulations.
(e) Powers to Grant Variance. The Board shall have the power to authorize upon appeal in specific cases, filed as provided herein, such variances from the provisions or requirements of these Regulations as will not be contrary to the public interest. Such variances will be granted only in the case of peculiar conditions involving irregular, abnormally narrow, shallow or steep lots, or other unusual physical conditions, whereby strict and literal application of such provisions or requirements would result in practical difficulty and unnecessary hardship that would deprive the owner of the reasonable use of the land or buildings involved, but in no other case. No variance from the strict application of any provision of these Regulations shall be granted by the Board unless it finds, beyond reasonable doubt, that all of the following facts and conditions exist:
(1) That special conditions and circumstances exist which are peculiar to the land involved, and which are not applicable to other lands in the immediate vicinity.
(2) That literal interpretation of the provisions of these Regulations would deprive the applicant of rights commonly enjoyed by other property owners in the immediate vicinity under the terms of these Regulations.
(3) That the special conditions and circumstances do not result from the actions of the applicant.
(4) That granting the variance requested will provide the minimum necessary relief to alleviate the hardship and will not confer on the applicant any special privilege which is denied by these Regulations to other lands, structures or buildings in the same vicinity.
(5) That granting of the variance will be in harmony with the general purpose and intent of these Regulations and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.
(f) Public Hearings Procedure. When an application or appeal has been filed in proper form and with the required data, the secretary of the Board shall immediately notify the chairman, who will publish a notice stating the time, place and object of the hearing. Such notice shall be published in a newspaper of general circulation in the City at least ten days prior to the public hearing. In addition, all property owners within 200 feet of the property in question shall be notified by the secretary of the Board as to the time, place and object of the public hearing. Any party may appear at such public hearings in person or by agent or attorney.
(g) Approval Procedure.
(1) The Board shall decide all applications and appeals within sixty days after completion of hearing. Such decision shall be binding upon the City Manager and/or Planning Commission. The terms and conditions of the decision by the Board shall be incorporated into any building permit whenever such is authorized by the Board.
(2) The presence of four members shall constitute a quorum. A concurring vote of three-fourths of the quorum shall be necessary to reverse an administrative decision of the City Manager or Planning Commission to decide in favor of the applicant on any matter upon which it is required to pass by these Regulations, or to grant a variance from the requirements of these Regulations. The Board shall act by resolution, and a copy of each resolution duly adopted shall be filed in the office of the Clerk.
(h) Appeals Procedure. The Board shall hear and decide appeals where it is alleged that there is an error in any interpretation, determination or decision made by the City Manager and/or Planning Commission in the administration and/or enforcement of these Regulations. No public hearing shall be held.
(Ord.1974-99. Passed 10-22-74.)
(Ord.1974-99. Passed 10-22-74.)