Beaver City Zoning Code

The Board of Adjustment shall consist of five (5) members, each to be appointed by the City Council for the term of five (5) years; provided, that the term of one member shall expire each year. Any member may be removed for cause by the City Council upon written charges and after public hearing, if such public hearing is requested. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. One member, but not more than one, of the Planning Commission shall be a member of the Board of Adjustment.

HISTORY

Ord. 41, 9-27-1994; amd. 2000 Code

The Board of Adjustment shall elect a chairman and a chairman pro tem from among its members, who shall serve for a term of one year.

HISTORY

Ord. 41, 9-27-1994

The Board of Adjustment shall have the following powers:

1. Appeals: To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the administrative official in the enforcement of this Title or of any ordinance adopted pursuant thereto.
2. Special Exceptions: To hear and decide special exceptions to the terms of this Title upon which such Board is required to pass under the provisions of this Title.
3. Variance: To authorize upon appeal such variance from the terms of this Title as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this Title will result in unnecessary hardship; provided, that the spirit of this Title shall be observed and substantial justice done. Before any variance may be authorized, however, it shall be shown that:
4. The variance will not substantially adversely affect the policies or intent of the Master Plan and that adherence to the strict letter of this Title will cause difficulties and hardships, the imposition of which upon the petitioner is unnecessary in order to carry out the general purpose of the Master Plan.
5. Special circumstances are attached to the property covered by the application which do not generally apply to other property in the same district.
6. That because of said special circumstances, property owned by applicant is deprived of privileges possessed by other properties in the same district, and that the granting of the variance is essential to the enjoyment of a substantial property right that is possessed by other property in the same district.

HISTORY

Ord. 41, 9-27-1994; amd. 2000 Code

Meetings of the Board of Adjustment shall be held at the call of the chairman, and at such other times as the Board may determine. The chairman may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public.

HISTORY

Ord. 41, 9-27-1994

The Board shall keep minutes of its proceedings, showing the vote of each member of each question, or if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be immediately filed with the City Recorder and shall be public record.

HISTORY

Ord. 41, 9-27-1994

The Board of Adjustment shall adopt rules which the Board finds necessary or advisable to implement the authority of the Board.

HISTORY

Ord. 41, 9-27-1994

A quorum shall be considered three (3) members of the Board of Adjustment, and no evidence shall be presented to the Board of Adjustment unless a quorum is present.

HISTORY

Ord. 41, 9-27-1994

Approval or disapproval, rejection or modified approval of an application shall be based upon findings which shall be made a part of the official record.

HISTORY

Ord. 41, 9-27-1994

The concurring vote of three (3) members of the Board shall be necessary to reverse any order, requirement or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this Title, or to effect any variation in the provisions of this Title.

HISTORY

Ord. 41, 9-27-1994

In exercising the above mentioned powers, the Board may in conformity with the provisions of this Title reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal was taken.

HISTORY

Ord. 41, 9-27-1994

1. Form; Fee: Each appeal to the Board of Adjustment shall be on a form provided by the Board, and all information called for by such form shall be furnished by the appellant. Before making its decision, the Board shall hold a hearing upon the appeal. Before any appellant shall be entitled to any hearing or decision, he shall pay to the Board the expenses of the appeal, including the sending of notices, as fixed by the Board. Such payment of the estimated amount of the same shall be paid with the filing of the appeal. The Board may give notice to other interested persons and organizations.
2. Number; Docket: Each appeal, filed in proper form with the required dates, shall be numbered serially, docketed, and shall be placed upon the calendar of the Board and shall be heard in the order in which they appear on the calendar, unless advanced for hearing by order of the Board for good cause shown.

HISTORY

Ord. 41, 9-27-1994

The City, or any person aggrieved by any decision of the Board of Adjustment, may have and maintain a plenary action for relief therefrom in any court of competent jurisdiction, provided petition for such relief is presented to the court within thirty (30) days after filing of such decision to the Board.

HISTORY

Ord. 41, 9-27-1994