(A) Establishment. The City Board of Adjustment, which is also the City Planning Commission, shall serve as the Board of Adjustment for the City Municipal Airport Zoning Ordinance.
(B) Powers. The Board of Adjustment shall have and exercise the following powers:
(1) Hear and decide appeals from any order, requirement, decision or determination made by the administrator in the enforcement of this chapter;
(2) Hear and decide special exceptions to the terms of this chapter upon which the Board of Adjustment under the regulations may be required to pass; and
(3) Hear and decide specific variances.
(C) Procedures.
(1) A request for a variance or an appeal to the Zoning Administrator’s ruling shall be filed with the Zoning Administrator. The Zoning Administrator shall forward the request to the Minnesota Department of Transportation Office of Aeronautics for review and comment prior to consideration of the request by the Board of Adjustment.
(2) Rules governing the Board of Adjustment shall be consistent with those established by the body serving as the Board of Adjustment and the provisions of this chapter. Meetings of the Board of Adjustment shall be held at the call of the Zoning Administrator or Chairperson and at other times as the Board of Adjustment may determine. The Chairperson, or in his or her absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All hearings of the Board of Adjustment shall be public. The Board of Adjustment shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating that fact, and shall keep records of its examinations and other official actions, all of which shall immediately be filed in the office of the Zoning Administrator, and County Recorder’s Office and shall be a public record.
(3) The Board of Adjustment shall make written findings of facts and conclusions of law giving the facts upon which it acted and its legal conclusions from the facts in reversing, affirming or modifying any order, requirement, decision or determination which comes before it under the provisions of this chapter.
(4) The concurring vote of a majority of the members of the Board of Adjustment shall be sufficient to reverse any order, requirement, decision or determination of the Zoning Administrator or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in this chapter.
(Ord. passed 1-4-2012)