There is hereby created a Board of Adjustment consisting of five (5) members and four (4) alternates, each to be appointed for a term of two (2) years and removable for cause by the City Council upon written charges and after a public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Said Board of Adjustment shall be appointed by the Mayor and confirmed by the City Council
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
The Board of Adjustment shall elect one (1) of its members as Chairman. The Board shall adopt rules in accordance with the provisions of this ordinance. Meetings of the board shall be held at the call of the Chairman and at such other times as the boards may determine. The Chairman or, in his absence, the acting Chairman, may administer oaths and compel 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 facts, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. All meetings of the board shall be open to the public.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
Appeals to the Board of Adjustment may be taken by any person aggrieved by any officer of the municipality or affected by any administrative decision based on this Zoning Ordinance. Such appeal shall be taken within thirty (30) days of such decision by filing with the City Secretary and the Board of Adjustment a notice of appeal specifying the grounds thereof. The City Secretary shall forthwith transmit to the Board all the papers constituting the record of the action from which the appeal is taken.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
The Board of Adjustment shall fix a reasonable time for the hearing of the appeal or other matters referred to it, give fifteen (15) days public notice thereof in a newspaper of general circulation, as well as due notice to the parties in interest, and decide the same within a reasonable time. Any party may appear and be heard in person or by agent or by attorney at said hearing.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
The City Council shall establish a fee for the hearing of appeals, which shall be sufficient to defray the cost of publishing the notice of public hearing and any other costs associated with the hearing; the appellant shall pay such fee upon filing the appeal.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
The Board of Adjustment shall have the following powers:
A. 
Administrative review. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the City Secretary or other administrative officer in the enforcement of this ordinance.
B. 
To authorize upon appeal in specific cases such variances from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance will, in any individual case, result in unnecessary hardship, so that the spirit of this ordinance shall be observed, and substantial justice done. Such variances may be granted in such individual case of unnecessary hardship on a finding by the Board of Adjustment that:
1. 
There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography.
2. 
The application of this ordinance to this particular piece of property would create an unnecessary hardship, not self-imposed by the owner or developer.
3. 
Such conditions are peculiar only to the particular piece of property involved.
4. 
Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this Zoning Ordinance or the comprehensive plan; provided, however, that no variance may be granted for a use of land, or building or structure that is prohibited by this ordinance.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
In exercising the above powers, the Board of Adjustment shall have the concurring vote of at least four (4) of its members in order that it may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination, or to decide in favor of the applicant, and to that end shall have all the powers of administrative officer for directing the issuance of a permit.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board, or bureau of the municipality, may present to a Court of Record having jurisdiction a duly verified petition, setting forth grounds of the alleged illegality. Such petition shall be presented to the Court within ten (10) days after the filing of the decision in the office of the Board.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)
Upon the presentation of such petition, the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the Board of Adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the realtor’s attorney, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order.
If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.
(Ordinance 748 adopted 6/22/04; Ordinance 830 adopted 6/21/11)