(A) Governing body. A Board of Adjustments and Appeals is hereby established as specified below.
(B) Appointment. The Planning Commission is hereby constituted and established as the Board of Adjustments and Appeals.
(C) Powers and duties. The Board of Adjust- ment and Appeals shall have the power and duties of hearing and deciding appeals or requests on the following cases:
(1) Appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of this chapter;
(2) Requests for variances from the literal provisions of this chapter in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration;
(3) Appeals from any action of the building inspector in denying or granting a building permit; and
(4) In recommending a variance to the City Council, the Board of Adjustments and Appeals may impose conditions to ensure compliance and to protect adjacent properties. The Board of Adjustments and Appeals may not recommend as a variance any use that is not permitted under this chapter for the property in the zone where the affected person’
(D) Fees. Before any city staff time is expended on a variance request, a fee of $75 must be paid to the city by the applicant. Within 60 days after filing of a request for a variance or an appeal from an administrative order or determination, the Board of Adjustment and Appeals shall set a date for hearing thereon and shall hear such persons as wish to be heard, either in person or by agent or attorney. Notices of any hearing shall be mailed not less than ten days before the date of the hearing to the person or persons who file in appeal or request, and in case of a request from a variance to each owner of property situated wholly or partially within 350 feet of the property to which the variance relates insofar as the names and addresses of the owners can be determined by the Planning Commission from records available. Within a responsible time after the hearing the Board of Adjustments and Appeals shall make its recommendations to the City Council. The City Council shall make the final decision.
(E) Records of proceedings. The Board of Adjustments and Appeals shall provide for a record of its proceedings, which shall include the minutes of its meetings, its findings, and the action taken on each matter heard by it, including its recommendation. The city’s Clerk-Administrator shall maintain a permanent record of the disposition of all appeals to it from decisions of the Board of Adjustments and Appeals.
(F) Appeals. Any person or persons jointly or severally aggrieved by any decision of the City Council may appeal to the District Court of the county by filing a petition setting forth that the decision is illegal in whole or in part, specifying the grounds of such illegality and by filing a copy of the notice of appeals with the city’s Clerk-Administrator with original petition, showing proof of filing with the city’s Clerk-Administrator, must be filed within 30 days after filing, with or of the decision appealed from in the office of the city’s Clerk-Administrator. The case shall be heard and determined by court without a jury.
(G) Other powers. The Board of Adjustments and Appeals shall have such other additional powers as are given to Board of Adjustments and Appeals by state law.
(Prior Code, § 155.76) (Ord. 560, passed 6-6-1978; Ord. 618, passed 5-6-2003)