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ZONING COMMISSION AND BOARD OF ADJUSTMENT
The Zoning Commission and Board of Adjustment, hereinafter called “the Board”, shall consist of five members to be appointed by the Mayor subject to confirmation by the City Council. The members shall serve for terms of three years each, and shall be removable for cause.
(1992 Code, § 3-1-101)
(A) The Board shall have the following power:
(1) To hear and decide appeals where it is alleged there is error in order, requirement, decision or determination made by an administrative official in the enforcement of Zoning or Building Code regulations;
(2) To hear and decide special exceptions to Zoning or Building Code regulations; and
(3) To authorize upon appeal in specific cases such variance from the Zoning or Building Code regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the regulations will result in unnecessary hardship and so that the spirit of them shall be observed and substantial justice done.
(B) The Board shall have the power to recommend to the City Council such changes in the district boundaries or regulations as it deems necessary or desirable.
(C) The Board may from time to time adopt such rules and regulations as may be deemed necessary to carry into effect the provisions of the Zoning or Building Code regulations.
(D) The Board shall recommend to the City Council the use, height and area districts in which each part of any annexation to the city shall be placed.
(E) The Board 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. Such hearing for Building Code appeals shall be held in conformance with the terms of the building codes adopted by the city and its appeal process stated therein. Upon the hearing, any party may appear in person or by attorney.
(1992 Code, § 3-1-102) (Ord. 99-2, passed - -1999)
The Board shall adopt rules in accordance with the provisions of any chapter adopted pursuant to this subchapter. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. The Chairperson or, in his or her absence, the Acting Chairperson may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each question or, if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.
(1992 Code, § 3-1-103)
(A) General. Appeals to the Board may be taken by any person aggrieved of any decision of any officer, department, board or bureau of the city. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the Board of Adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all papers constituting the record upon which the action appealed was taken.
(1992 Code, § 3-1-104)
(B) Appeal stays all proceedings. 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 after the notice of appeal shall have been filed with him or her, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the or by a court of record on application on notice to the officer from which the appeal is taken and on due cause shown. 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 attorney.
(1992 Code, § 3-1-105)
(C) Determining of appeal. In exercising the above mentioned powers such Board may, in conformity with the provisions of this subchapter, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.
(1992 Code, § 3-1-106)
The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such chapter, or to effect any variation in such chapter.
(1992 Code, § 3-1-107)
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