[R.O. 2009 §25-46; Ord. No. 2739 §43-92.1, 5-20-1985]
The Board of Adjustment is hereby established to further the
general purpose and intent of this Chapter by varying its terms in
appropriate circumstances, subject to conditions and safeguards and
in accord with the other provisions in this Chapter.
[R.O. 2009 §25-47; Ord. No. 2739 §43-92.2, 5-20-1985; Ord. No. 3561 §1, 9-15-1997]
The Board of Adjustment shall consist of five (5) regular members
and three (3) alternate members all of whom shall be residents of
the City. The members shall be appointed by the Mayor with the consent
and approval of the majority of the Board of Aldermen. Nothing in
this Code shall preclude or prohibit a member of the Planning and
Zoning Commission from being appointed as a member of the Board of
Adjustment. Appointments of the regular members in the first (1st)
instance shall be for one (1), two (2), three (3), four (4) and five
(5) year terms and thereafter all appointments shall be for a term
of five (5) years. Appointments for the alternate members shall be
for five (5) year terms. The alternate members so appointed, shall
be designated as first (1st), second (2nd) and third (3rd) alternates,
respectively, and shall serve in order of the aforementioned designation
only on those occasions when a regular member or members of the Board
of Adjustment due to absence, conflict or otherwise cannot serve in
considering a matter pending before the Board of Adjustment. Appointments
to fill vacancies shall be made for the unexpired portion of the term
only. All members of the Board of Adjustment present at meetings shall
receive as compensation, fifty dollars ($50.00) per meeting. Members
of the Board of Adjustment may be removed for cause by the Mayor and
the Board of Aldermen. A member thus removed may request and receive
a written statement of charges and public hearing before the Board
of Aldermen.
[R.O. 2009 §25-48; Ord. No. 2739 §43-92.3, 5-20-1985]
The Board of Adjustment shall elect a Chairman and Vice Chairman
from among its members. These officers shall serve for a term of one
(1) year and may be re-elected.
[R.O. 2009 §25-49; Ord. No. 2739 §43-92.4, 5-20-1985]
The Board of Adjustment may adopt such rules as necessary from
time to time to carry out the provisions of this Division, provided
they are not inconsistent with the provisions of this Chapter or other
ordinances of the City. Meetings of the Board of Adjustment shall
be held at the call of the Chairman and at such other times as the
Board of Adjustment may determine. The Chairman, or in his/her absence
the Vice Chairman, may administer oaths and compel the attendance
of witnesses. All meetings of the Board of Adjustment shall be open
to the 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 such fact. All testimony, objections thereto
and rulings thereon shall be taken down by a reporter employed by
the Board of Adjustment. The Board shall keep records of its examinations
and other official actions and all records shall be filed immediately
in the office of the City Clerk/Administrator and shall be a public
record.
[R.O. 2009 §25-50; Ord. No. 2739 §43-92.5, 5-20-1985]
A.
The
Board of Adjustment shall have the following powers and duties:
1.
To hear and decide all matters referred to it and upon which it is
required to act under this Division;
2.
To interpret the provisions of this Chapter in such a way as to carry
out its intent and purpose;
3.
To hear appeals in the manner prescribed in Division 7 of this Article
where it is alleged there is error in any order, requirement, decision
or determination made in the enforcement or interpretation of this
Chapter;
4.
To authorize variations upon appeal in accordance with the provisions
of Division 7 of this Article;
5.
To permit the construction and/or use of a building or the use of
premises for public utility purposes;
6.
To permit the reconstruction of a non-conforming use or building
which has been damaged by explosion, fire, act of God or public enemy,
to the extent of more than fifty percent (50%) of its replacement
value, where the Board of Adjustment finds some compelling public
necessity requiring a continuance of the non-conforming use;
7.
To permit a variation in the yard requirements of any district where
there are severe practical difficulties or extreme hardships in the
carrying out of these provisions due to an irregular shape or size
of the lot, the sites of pre-existing buildings, topographical or
other site conditions; provided however, that such variation shall
not have a serious adverse impact on any adjoining property or the
general welfare or establish an unsatisfactory precedent for other
locations and situations;
8.
To permit the extension of a district where the boundary line of
a district divides a lot held in a single ownership on May 20, 1985.
