There is hereby created a zoning board of adjustment consisting of five (5) members, citizens of the city, each to be appointed by the mayor, subject to confirmation by the city council, for a term of three (3) years. Vacancies shall be filled by the appointing authority for the unexpired term of any member whose term becomes vacant. For the first appointment under the provisions of this chapter, however, one member shall be appointed for a term of one year, two (2) members shall be appointed for a term of two (2) years, and two (2) members shall be appointed for a term of three (3) years. All appointments thereafter shall be for a term of three (3) years. One member of the board shall be appointed from the membership of the planning commission and one member shall be appointed from the membership of the city council. The board shall elect a chairman from its membership to serve for a term of two (2) years. (1989 Code § 12-121; amd. 2002 Code)
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 require the attendance of witnesses by subpoena. 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 fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the city clerk and shall be a public record. The concurring vote of three (3) 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 or any matter upon which it is required to pass under any such ordinance or code, or to effect any variation in such ordinance or code. (1989 Code § 12-122; amd. 2002 Code)
A. Filing; Fee: Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within thirty (30) days after the decision by filing with the officer from whom the appeal is taken and with the city clerk notice of appeal specifying the grounds therefor, and by paying a filing fee in such amount as established by resolution of the city council at the office of the city clerk at the time the notice is filed. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. (1989 Code § 12-123; amd. 2002 Code)
B. Stay Of 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 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, 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 upon application and notice to the officer from whom the appeal is taken and on the cause shown.
C. Notice; Hearing: The board of adjustment shall fix a reasonable time for the hearing of the appeal or other matter referred to it, give public notice thereof as well as due notice to the parties in interest, and decide same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. (1989 Code § 12-123)
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