Loading...
There is hereby created a board of adjustment consisting of five (5) members, citizens of the city, appointed by the mayor and confirmed by the council, each to be appointed for a term of three (3) years and until such time as their successors (new) members have been confirmed by the city council and sworn in. Not less than two (2) members shall be appointed from the membership of the planning commission. Vacancies shall be filled for the unexpired terms of any members whose term becomes vacant. Members may be removed for cause by the city council upon written charges and allowing an opportunity for hearing. (Ord. 1538, 10-23-2001)
A. The board of adjustment shall elect one of its members as chairman to serve a term of two (2) years. The board shall adopt rules in accordance with the provisions of this chapter. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or, in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses by subpoena. The board of adjustment shall be subject to the open meeting laws of the state, and all meetings, deliberations and voting of the board shall be open to the public. The board shall keep the minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such facts, and shall keep records of all official actions, all of which shall be immediately filed in the office of the board and shall be a public record.
B. The concurring vote of three (3) members of the board is necessary to reverse any order, requirement, decision, determination of any administrative official, or to decide in favor of the applicant on any matter upon which the board required to pass under any ordinance or to effect any variation as provided in this chapter. (Prior code § 16-46)
The board of adjustment shall have the power to hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the interpretation or enforcement of this chapter, or as provided in any other ordinance or regulation. (Prior code § 16-48)
A. The board of adjustment shall have the power to authorize variances from the strict application of the provisions of this chapter, as well as such other ordinances as the council shall so determine, where the strict application of such provisions would result in an unnecessary hardship, and may establish such requirements relative to such property as would carry out the purpose and intent of the regulations.
B. The board may grant a variance only upon finding that:
1. The strict application of the ordinance to the particular piece of property would result in an unnecessary hardship; by reason of:
a. Exceptional narrowness, shallowness, or shape of a specific parcel of property at the time of the original adoption of the regulations;
b. Exceptional topographic conditions; or
c. Other extraordinary or exceptional situation or condition of a specific parcel of property;
2. The conditions are peculiar to the particular piece of property involved; and
3. Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of the ordinance or the comprehensive plan. (Prior code § 16-48)
A. Upon appeal, the board is hereby empowered to permit the following exceptions:
1. To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown of record;
2. To interpret the provisions of the chapter where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which map is attached to and made a part of this chapter; and
3. To grant exceptions to the off street parking requirements set forth in the zoning ordinance, when it is determined that the size and shape of the lot to be built on is such that off street parking provisions could not be complied with, and that the proposed use will not create undue traffic congestion in the adjacent streets. (Prior code § 16-48)
A. In exercising the above mentioned powers, the board of adjustment in conformance with the provisions of this chapter, may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision or determination as ought to be made in keeping with the intent, spirit and purpose of this chapter, and to that end shall have all the powers of the officer from whom the appeal is taken.
B. Every ruling made upon any appeal to the board shall include a written finding of fact by the board of adjustment and shall specify the reason for granting or denying the appeal. (Prior code § 16-48)
A. Appeals from the action of any administrative official acting under this chapter shall be made in the following manner:
1. The appeal shall be taken within thirty (30) days of the action appealed by filing with the official from whom the appeal is taken and the office of the board of adjustment, a notice of appeal specifying the grounds therefor, and paying such fee as shall be established by the council;
2. The official from whom the appeal is taken shall transmit to the board all papers constituting the record of the matter in appeal;
3. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal has been filed with him that by reason of facts stated in the certificate a stay would in his opinion cause imminent peril to life or property. In such case the proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown; and
4. The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney. (1985 Code)
Loading...