The board of appeals is hereby established. The word "board" when used in this article shall be construed to mean the board of appeals. The board shall consist of the city commission of the city.

(Code 1960, § 11-12-1)

Meetings of the board shall be held at the call of the mayor and at such other times as the board may determine. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examination and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

(Code 1960, § 11-12-2)

Appeals to the board may be taken by any person aggrieved or by any officer, department, board, or bureau of the city affected by any decision of the building inspector. Such appeal shall be taken within a reasonable time, as shall be prescribed by the board by general rules, by filing with the building inspector and with the board a notice of appeal specifying the grounds thereof. The building inspector shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from is taken.

An appeal stays all proceedings in furtherance of the action appealed from, unless the building inspector certifies to the board after the notice of appeal shall have 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, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board, or by a court record on application or notice to the building inspector, and on due cause shown.

(Code 1960, § 11-12-3)

The board of appeals shall fix a reasonable time for the hearing of the appeal, give due notice thereof to the parties in interest and hold such hearing not less than fifteen (15) days after the said notice has been duly and sufficiently advertised. The board shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

The concurring vote of two-thirds (2/3) of all the members of the city commission shall be required to revise any order, requirement, decision or determination of the building inspector or to decide a case in favor of an applicant.

(Code 1960, § 11-12-4)

At the time the notice of appeal is filed, the applicant shall pay the city a nonrefundable filing fee of one hundred dollars ($100.00). When work for which a building permit would be required has already commenced, the fee shall be three hundred and fifty dollars ($350.00).

(Code 1960, § 11-12-5; Ord. No. 586, § 1, 4-10-79; Ord. No. 734, § 5, 8-23-88)

The board shall have the following powers:

(a)

Powers relative to administrative errors: To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of the zoning or construction regulations.

(b)

Powers relative to variations: Where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the original adoption of the regulations, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, which condition is not generally prevalent in the neighborhood, the strict application of this chapter would result in peculiar and exceptional practical difficulties or exceptional and undue hardship upon the owner of such property, the board is hereby empowered to authorize upon an appeal relating to such property, a variation from such strict application so as to relieve such difficulties or hardships.

(c)

Powers relative to exceptions: Upon appeal, the board is hereby empowered to permit the following exceptions:

1.

To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown on record.

2.

To permit the reconstruction of a nonconforming building which has been destroyed or partially where the board shall find some compelling public necessity requiring a continuance of the nonconforming use, but in no case shall such a permit be issued if its primary function is to continue a monopoly.

3.

To permit the erection and use of a building or the use of premises in any location for public service corporation for public utility purposes which the board deems reasonably necessary for the public convenience or welfare.

4.

To interpret the provisions of the zoning regulations where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which map is attached to and made a part of this code.

(d)

Powers relative to construction codes: Upon appeal, the board is hereby empowered to determine the applicability of the various code requirements duly adopted by the governing body of Alamogordo to the particular facts involved in the subject of the appeal. In making its determination, the board may call upon qualified individuals, whether in the employ of the city or not, for technical assistance. If the board determines that a particular requirement is applicable, it shall not have the power to waive the requirement.

(Code 1960, § 11-12-6; Ord. No. 751, §§ 1, 2, 4-11-89)

Cross reference— Map adopted, § 29-02-020.