Article 6 – Board of Adjustment
ARTICLE 6
BOARD OF ADJUSTMENT
Section 601. Establishment and Procedure.
A Board of Adjustment is hereby established which shall consist of the City Council. The Board of Adjustment shall keep a public record of all findings and decisions. Meetings shall be held at the call of the Mayor and at such other times as necessary. Each session at which the Board is to be heard shall be a public meeting with notice to be published at least ten (10) days in advance.
Appeals to the Board of Adjustment concerning interpretation or administration of this ordinance may be taken by any person, group or organization, public or private. Such appeal shall be taken by filing a notice of appeal with the Finance Officer who shall transmit to the board of Adjustment all papers concerning the record of action from which the appeal was taken.
The concurring vote of two-thirds of the members of the Board of Adjustment shall be necessary to approve any appeal or arrive at any determination.
Section 602. Powers and Duties.
The Board of Adjustment shall have the following powers and duties:
1. To hear and decide appeals where it is alleged there is error in any requirement or determination made in the enforcement of this ordinance.
2. To hear requests for variances from this ordinance in instances, where strict enforcement would cause unnecessary hardship, and to grant such variances only when the following provisions apply:
a. Special conditions or circumstances exist which are peculiar to the use or structure involved and are not applicable to other uses or structures in the same district;
b. Literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance;
c. The special conditions or circumstances are not the result of the applicants actions;
d. Granting the variance requested will not give the applicant any special privilege that is denied to other uses or structures in the district;
e. The variance requested is the minimum variance that will make possible the reasonable use of property or structures;
f. Granting of the variance will comply with the general purpose and intent of this ordinance, and will not be offensive to adjacent areas or to the public welfare.
No nonconforming use or structure in the same district of the variance being considered and no permitted or nonconforming use or structure in other districts shall be considered grounds for the issuance of a variance.
3. To hear and decide only such conditional uses as the Board is specifically authorized to pass on by the terms of this ordinance; to decide such questions as are involved in determining whether conditional uses should be granted; and to grant conditional uses with such conditions and safeguards as are appropriate under this ordinance, or to deny conditional uses when not in harmony with the purpose and intent of this ordinance. A conditional use shall not be granted by the Board of Adjustment unless and until:
a. A written application for a conditional use is submitted indicating the section of this ordinance under which the conditional use is sought and stating the grounds on which it is requested;
b. The owner of the property for which conditional use is sought or his agent shall be notified by mail of the date, time and place for public hearing. Notice of such hearings may also be posted on the property for which conditional use is sought, at least five (5) days prior to the public hearing;
c. Before any conditional use shall be granted, the Board of Adjustment shall make written findings certifying compliance with the specific rules governing individual conditional uses and that satisfactory provision and arrangements has been made concerning the following, where applicable:
1) ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, access in case of fire, and off-street parking and loading areas where required.
2) utilities and reference to locations, availability, and compatibility; required yards and other open space; and general compatibility with adjoining properties and other property in the zoning district in which such use is to be located.
3) no use of any building or land is established which may be hazardous to health, or dangerous to adjacent properties due to the possibility of fire, explosion or other cause.
4) the use will not cause erosion of the land or increased surface drainage onto another lot, and will not cause pollution of groundwater or disruption of municipal water and sewer service.
Section 603. Limitations.
Any order of the Board of Adjustment granting a variance or conditional use shall be invalid unless substantially completed within one (1) year from the date of such order which shall expire without notice unless extended by the Board for good cause.