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§ 154.12 BOARD OF ADJUSTMENT.
   (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)
§ 154.13 APPEALS.
   (A)   Any person aggrieved, or any taxpayer affected by any decision of the Zoning Administrator made in his or her administration of this chapter may appeal to the Board of Adjustment. The appeals may also be made by any governing body of a municipality, county or airport zoning board, which is of the opinion that a decision of the Zoning Administrator is an improper application of this chapter as it concerns the governing body or board.
   (B)   All appeals hereunder must be commenced within 30 days of the Zoning Administrator’s decision, by filing with the Zoning Administrator a notice of appeal specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. In addition, any person aggrieved, or any taxpayer affected by any decisions of the Zoning Administrator made in his or her administration of this chapter who desires to appeal the decision shall submit an application for a variance, by certified mail, to the Zoning Administrator in the manner set forth in M.S. § 360.068(2), as it may be amended from time to time.
   (C)   An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Administrator certifies to the Board of Adjustment after the notice of appeal has been filed with it, that by reason of the facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In that case, proceedings shall not be stayed except by order of the Board of Adjustment on notice to the Zoning Administrator and on due cause shown.
   (D)   The Board of Adjustment shall fix a reasonable time for hearing appeals, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person, by agent or by attorney.
   (E)   The Board of Adjustment may, in conformity with the provisions of this chapter, reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination appealed from and may make the order, requirement, decision or determination, as may be appropriate under the circumstances, and to that end shall have all the powers of the Zoning Administrator.
(Ord. passed 1-4-2012)
§ 154.14 JUDICIAL REVIEW.
   (A)   Any person aggrieved, or any taxpayer affected by any decision of the Board of Adjustment, or any governing body of a municipality, county or airport zoning board, which is of the opinion that a decision of the Board of Adjustment is illegal may present to the District Court of Yellow Medicine or Chippewa County a verified petition setting forth that the decision or action is illegal, in whole or in part, and specifying the grounds of the illegality.
   (B)   The petition shall be presented to the court within 30 days after the decision is filed in the office of the Board of Adjustment. The petitioner must exhaust the remedies provided in this chapter before availing himself or herself of the right to petition a court as provided by this section.
(Ord. passed 1-4-2012)
§ 154.15 CONFLICTS.
   Where there exists a conflict between any of the regulations or limitations prescribed in this chapter and any other regulations applicable to the same area, whether the conflict is with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation or regulation govern and prevail.
(Ord. passed 1-4-2012)
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