A Board of Adjustment is hereby created, consisting of five members, each to be appointed for a term of three years, said members to be nominated by the Mayor and approved by the City Commission by ordinance for the appointment. Members are removable for cause by the City Commission, upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant, in the same year. The Board of Adjustment shall adopt rules in accordance with the provisions of §§
18-10 to
18-14 of this chapter or any amendment thereto. Meetings of the Board shall be held at the call of the chairman and at such times as the Board may determine. The chairman, or in his absence the acting chairman, may administer the 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, show the vote of each member upon each question or if absent or failing to vote, indicate such facts, and shall keep a record of its examinations and other official actions, all of which shall be immediately filed in the office of the Board of Adjustment and shall be public record.
The Board of Adjustment shall have the power to:
1. Hear and decide appeals if it is alleged there is an error in any
order, requirement, decision or determination made by an administrative
official in the enforcement of any zoning ordinance.
2. Hear and decide special exceptions to the zoning ordinance to allow
a use, or a specifically designated element associated with a use,
which is not permitted by right in a particular district because of
potential adverse effect, but which if controlled in the particular
instance as to its relationship to the neighborhood and to the general
welfare, may be permitted by the Board of Adjustment, where specifically
authorized by the zoning ordinance, and in accordance with the substantive
and procedural standards of the zoning ordinance;
3. Authorize in specific cases a variance from the terms, standards and criteria that pertain to an allowed use category within a zoning district as authorized by the zoning ordinance when such cases are shown not to be contrary to the public interest if, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship and so that the spirit of the ordinance shall be observed and substantial justice done; provided, however, the Board shall have no power to authorize variance as to use except as provided by Subsection
4 of this section.
4. Hear and decide oil and/or gas applications or appeals unless otherwise provided by municipal ordinance. The Board of Adjustment shall be required to make the findings prescribed by §
18-14 of this article in order to grant a variance as to use with respect to any such application or appeal.
Exceptions and/or variances may be allowed by the Board of Adjustment only after notice and hearing as provided in § 18-15 of this article. The record of the meeting at which the variance or special exception was granted shall show that each element of a variance or special exception was established at the public hearing on the question, otherwise said variance or special exception shall be voidable on appeal to the District Court.
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The Board of Adjustment is authorized to make special exceptions
to specific uses allowed within each zoning category according to
the zoning ordinance in appropriate cases and subject to appropriate
conditions and safeguards in harmony with its general purpose and
intent and only in accordance with general or specific provisions
contained in the zoning ordinance.
A variance from the terms, standards and criteria that pertain
to an allowed use category within a zoning district as authorized
by the zoning ordinance may be granted, in whole, in part, or upon
reasonable conditions as provided in this article, only upon a finding
by the Board of Adjustment that:
1. The application of the ordinance to the particular piece of property
would create an unnecessary hardship;
2. Such conditions are peculiar to the particular piece of property
involved;
3. Relief, if granted, would not cause substantial detriment to the
public good, or impair the purposes and intent of the ordinance or
the comprehensive plan; and
4. The variance, if granted, would be the minimum necessary to alleviate
the unnecessary hardship.
The following procedure shall be followed for appeals from any
action or decision of an administrative officer acting pursuant to
any zoning ordinance to the Board of Adjustment in the following manner:
1. Appeals from the action of any administrative officer to the Board
of Adjustment may be taken by any person aggrieved or by an officer,
department, board or bureau of the City affected by any decision of
the administrative officer;
2. An appeal shall be taken within three working days by filing with
the officer from whom the appeal is taken and by filing with the Board
of Adjustment a notice of appeal specifying the grounds therefor.
The officer from whom the appeal is taken shall forthwith transmit
to the Board of Adjustment certified copies of all the papers constituting
the record of the matter, together with a copy of the ruling or order
from which the appeal is taken;
3. 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 the 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 on application or notice to the officer from
whom the appeal is taken and on due cause shown; and
4. The Board of Adjustment within 10 working days from the filing of
the appeal, shall set a hearing date for 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 agent or by attorney.
Any person, firm or corporation, who shall violate, disobey, omit, neglect or refuse to comply with, or who resists the enforcement of any of the provisions of Sections
18-10 to
18-14 of this chapter, shall be guilty of an offense and shall be punished accordingly. Each day that a violation is permitted to exist shall constitute a separate offense.