(A) Established. The Board of Adjustments of the city is hereby established.
(B) Chairperson and Vice-Chairperson. The Board shall elect a Chairperson and a Vice-Chairperson from among its own members, who shall serve for one year and until their successors are elected and qualified. The Chairperson shall preside at all meetings and exercise all the rights, duties and prerogatives of the head of any similar organization. The Chairperson shall have the power to administer oaths and take evidence. The Vice-Chairperson shall perform the duties of the Chairperson in the latter’s absence or disability. Vacancies created by any cause shall be filled for the unexpired term by a new election.
(C) Powers and duties. It shall be within the power and the duty of the Board to:
(1) Hear and decide appeals in which it is alleged there is an error in an order, requirement or decision made by the Zoning Administrator in the enforcement of the Zoning Ordinance;
(2) Hear and decide appeals for variances from the terms of the Zoning Ordinance only if, because of special circumstances applicable to the property, including its size, shape, topography, location or surroundings the strict application of the Zoning Ordinance will deprive such property of privileges enjoyed by other property of the same classification in the same zoning district. Any variance granted is subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located; and
(3) Reverse or affirm, wholly or partly, or modify the order requirement or decision of the Zoning Administrator appealed from, and make such order, requirement, decision or determination as necessary.
(D) Powers not granted. The Board of Adjustments may not:
(1) Make any changes in the uses permitted in any zoning classification or zoning district, or make any changes in the terms of the Zoning Ordinance; provided, the restriction in this section shall not affect the authority to grant variances pursuant to this section; or
(2) Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner.
(E) Meetings. The Board shall provide in its rules for its meetings; provided, however, that, special meetings may be called by the Chairperson or in his absence the Vice-Chairperson. In addition, any three members of the Board may make written request to the Chairperson for a special meeting and, in the event such meeting is not called, such members may call such special meeting in such manner and form as may be provided in Board rules.
(F) Quorum. Four members shall constitute a quorum. The affirmative vote of four members shall be required for passage of any matter before the Board. In this connection, the minutes of the meeting shall reflect the “ayes” and “nays” cast on a particular measure and shall reflect the vote of each member present. A member may abstain from voting only upon a declaration that he or she has a conflict of interest, in which case such member shall take no part in the deliberations on the matter in question.
(G) Assessment of fees. The Board of Adjustments shall be authorized to establish a uniform schedule of fees for services with all receipts to be paid into the General Fund of the city. Such fee schedules shall become effective upon approval by the City Council.
(H) Judicial review. Any person aggrieved by any act or decision of the Board of Adjustments may appeal to the Superior Court of the county, within 30 days from the decision or action from which the appeal is taken.
(Prior Code, Ch. 2-3.03) (Ord. 503, passed - -; Ord. 890, passed - -2007; Ord. 938, passed 12-12-2014)