[Amended by Ord. No. 85-32]
A.
There is hereby created in the City a board of adjustment
which shall consist of five members who shall be residents of the
City and who shall serve without compensation. Members shall be appointed
by the mayor with the consent of a majority of the city council. Of
the initial appointments, two members shall be appointed for a term
of one year, two members shall be appointed for a term of two years,
and one member shall be appointed for a term of three years. All subsequent
appointments shall be for a three-year term or until a successor is
appointed by the mayor with the consent of a majority of the City
council. Any member may be eligible for reappointment.
[Amended 3-15-2016 by Ord. No. 16-02]
B.
Should a member of the board of adjustment have unexcused
absences at three consecutive meetings, such member shall be replaced
upon notification by the chairman of the board.
C.
Vacancies on the board shall be filled by the mayor
and confirmed by the City council for the unexpired term of the person
leaving such vacancy.
D.
The board of adjustment shall designate the terms
of office and the officers of the board from its own membership.
In addition to any requirements the board may
adopt by rule, the board shall conduct hearings and make decisions
in accordance with the following requirements:
A.
Public notice shall be given of all hearings and all
hearings shall be open to the public.
B.
The board shall keep a record of the proceedings,
either stenographically or by second recording, and a transcript of
the proceedings and copies of graphic or written material received
in evidence shall be made available to any part at cost.
C.
The board shall render written decisions, accompanied
by findings of fact and conclusion based thereon. Conclusions based
on any provision of this chapter, or on any rule or regulation must
contain a reference to such provision, rule, or regulation and the
reason why the conclusion is deemed appropriate in light of the facts
found.
The board of adjustment shall have the following
powers and authority:
A.
Vary or adjust the strict application of any of the
requirements of any ordinance adopted pursuant to this article in
the case of any physical condition applying to a lot or building if
the strict application would deprive the owner of the reasonable use
of the land or building involved. No adjustment in the strict application
of any provision of an ordinance may be granted unless:
(1)
There are special circumstances or conditions, fully
described in the board's findings, which are peculiar to the land
or building for which the adjustment is sought and do not apply generally
to land or buildings in the neighborhood, and have not resulted from
any act of the applicant subsequent to the adoption of the ordinance;
(2)
For reasons fully set forth in the board's findings,
the circumstances or conditions are such that the strict application
of the provisions of the ordinance would deprive the applicant of
the reasonable use of the land or building, the granting of the adjustment
as granted is the minimum adjustment that will accomplish this purpose;
and
(3)
The granting of the adjustment is in harmony with
the general purposes and intent of the ordinance and will not be injurious
to the neighborhood or otherwise detrimental to the public welfare.
B.
Grant exceptions and variances upon request after
a showing that an illegal construction or a nonconforming building
or use existed for a period of five years in violation of local ordinance
and the City has not taken steps toward enforcement.
C.
Unless construction actually begins or the use commences,
a variance by the board shall expire within one hundred and eighty
days of the date it was granted or within such time as the board may
grant a variance extension for good cause shown, if an application
for such extension is made prior to the expiration of the variance.
D.
In exercising its powers, the board may reverse or
affirm wholly or partly, or modify the order, requirement, decision
or determination as necessary.
E.
The concurring vote of a majority of the board is
necessary to reverse any order, requirement, decision or determination
of any administrative official, or to decide in favor of the application
on any matter upon which it is required to pass under any ordinance
or to effect any variation in the ordinance.
F.
Any matter may be reheard as provided by Rules 8.01,
8.02 and 8.03, Wyoming Rules of Appellate Procedure.
G.
A variance may be revoked or modified by the board
of adjustment, after a public hearing, on any one or more of the following
grounds:
(1)
That approval was obtained by fraud;
(2)
That the use for which such approval was granted is
not being exercised within the time specified in such permit;
(3)
That the use for which such approval was granted has
ceased to exist, or has been suspended for one year or more;
(4)
That the permit granted is being, or recently has
been, exercised contrary to the terms or conditions of such approval
or in violation of any statute, resolution, law or regulation;
(5)
That the use for which the approval was granted has
been so exercised as to be detrimental to the public health or safety,
or so as to constitute a nuisance.
H.
Not withstanding any language to the contrary, the
board of adjustment shall have no power to consider or grant a use
variance. Use variance shall be defined as a use of land other than
that which is prescribed by the zoning regulations applicable to a
zoning district established in this chapter.
The decision of the board may be reviewed by
the District Court pursuant to Rule 12 of the Wyoming Rules of Appellate
Procedure.
