[Ord. No. 649 §1, 3-4-2002]
This Section addresses the duties and responsibilities of a
Board of Adjustment, herein referred to as "the Board", and other
officials and agencies with respect to the administration of this
Code.
[Ord. No. 649 §1, 3-4-2002]
The establishment of the Board shall be in accordance with the
procedures and policies set forth in State law. The Board shall consist
of five (5) members. Additionally, the Code Official shall be appointed
as liaison to the Board. The Code Official shall have the right to
attend all meetings and take part in all discussions but shall not
vote on Board decisions.
[Ord. No. 649 §1, 3-4-2002]
The terms of office for the members of the Board shall be for
five (5) years. Members may be removed for cause upon written charges
and after a public hearing before the legislative body of the jurisdiction,
if such hearing is requested.
[Ord. No. 649 §1, 3-4-2002]
All members shall be appointed by the Mayor and approved by
the legislative body of the jurisdiction served. The terms of office
shall be staggered annually so as to provide continuity in policy
and personnel. Members of the Board shall be residents of the jurisdiction
served. The legislative body of the jurisdiction shall set compensation
for the Board. Any vacancy for the unexpired term of any member whose
term is not completed shall be filled. A member shall continue to
serve until a successor has been appointed and approved by the legislative
body.
[Ord. No. 649 §1, 3-4-2002]
The Board shall elect from its membership a Chairperson. It
shall also establish and adopt rules for its organization and the
transaction of business and shall keep a public record of its proceedings.
[Ord. No. 649 §1, 3-4-2002]
A Secretary to assist the Board shall be appointed from within
its membership. The Secretary shall keep minutes of the Board meetings
for public record and conduct all correspondence including the notification
of decisions. The Secretary shall also certify records. The Secretary
shall prepare and submit the minutes of the Board meeting to the Chairperson
and the Board.
[Ord. No. 649 §1, 3-4-2002]
A. Errors. The Board shall have the power to hear and decide
on appeals where it is alleged that there is an error in any order,
requirement, decision, determination or interpretation by the Code
Official.
B. Variances. The Board shall have the power to hear and decide
on appeals wherein a variance to the terms of this Code is proposed.
Limitations as to the Board's authorization shall be as set forth
in this Code.
C. Variance Review Criteria. The Board of Adjustment may approve,
approve with conditions or deny a request for a variance. Each request
for a variance shall be consistent with the criteria listed below.
1. Limitations on the use of the property due to physical, topographical
and geological features.
2. The grant of the variance will not grant any special privilege to
the property owner.
3. The applicant can demonstrate that without a variance there can be
no reasonable use of the property.
4. The grant of the variance is not based solely on economic reasons.
5. The property owner did not create the necessity for the variance.
6. The variance requested is the minimum variance necessary to allow
reasonable use of the property.
7. The grant of the variance will not be injurious to the public health,
safety or welfare.
8. The property subject to the variance request possesses one (1) or
more unique characteristics generally not applicable to similarly
situated properties.
D. Use Variance. The Board of Adjustment shall not grant a
variance to allow the establishment of a use in a zoning district
when such use is prohibited by the provisions of this Code.
E. Decisions. The Board shall be permitted to decide in any
manner it sees fit; however, it shall not have the authority to alter
or change this Code or Zoning Map or allow as a use that which would
be inconsistent with the requirements of this Code. Provided however,
that in interpreting and applying the provisions of this Code, the
requirements shall be deemed to be the spirit and intent of the Code
and do not constitute the granting of a special privilege.