There is hereby established a board of zoning appeals which shall perform its duties and exercise its powers as provided herein. The board shall present its duties in such a way that the objectives of this chapter shall be observed, public safety secured, and substantial justice done.

The Camilla board of appeals, hereinafter referred to as the board shall consist of five members. Members shall be appointed by the mayor and city council. None of the board members shall hold any other public office, except that one member may be a member of the planning commission. Board members shall be removed for cause, upon written charges, and after public hearing. Any member of the board shall be disqualified to act upon a matter before the board with respect to property in which the member has an interest.

The term of office for each member of the board shall be for three years, however, in the appointment of the first board, two members shall be appointed for three years and two for two years and one for one year. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. If one appointee be from the planning commission and he ceases to be a member of said planning commission during the term of his appointment to the board, his membership on the board shall terminate and the governing authority may name a member of said planning commission to fill the unexpired term of its original appointee.

The board members shall receive no compensation for their service except that they will be reimbursed for out-of-pocket expenditures made in connection with their duties.

The board shall elect one of its members as chairman, who shall serve for one year or until he is reelected or his successor is elected. The board of appeals shall appoint a secretary who may be an officer of the City of Camilla, or of the planning commission. The board shall have authority to adopt rules of procedure. Meetings of the board shall be held at the call of the chairman, or in his absence, the acting chairman. The chairman, or the acting chairman may administer oaths and compel the attendance of witnesses by subpoena. 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 examinations and other official actions, all of which shall be immediately filed in the office of said board and shall be a public record. The decisions of the board shall be by resolution, which resolution shall contain a statement of the grounds of its decision or action. The full text of the resolution shall be sent to the appellant. No appeal requesting the same relief in regard to the same property shall be received or heard by the board for a period of 12 months following the date of said resolution, except that this limitation shall not affect the right of said board to grant a rehearing as provided in the rules of procedure adopted by said board.

The city manager shall provide such technical, administrative, and clerical assistance and office space as is required by the board to carry out its function under the provisions of these regulations.

All meetings of the board shall be held at the call of the chairman or, in his absence, the acting chairman and at such 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 on each question, or if absent or failing to vote, indicating such fact, and shall keep records on its findings, proceedings at hearings, and other official actions, all of which shall be immediately filed in the office of the city manager and shall be a public record.

The board shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony, and the production of books, papers, files, and other evidence pertinent to the matters before it.

An appeal by a person, firm, or corporation, or by any officer, department, board or bureau may be taken to the planning commission, where it is alleged that there is an error in any order, requirement, decision or determination made by the office of the zoning administrator or other administrative official in the enforcement and interpretation of this chapter. Such appeals shall be made within 30 days of the administrative action by filing with the City of Camilla Zoning Administrator a notice of appeal specifying the grounds thereof.

The zoning administrator shall then transmit to the planning commission all of the papers constituting the record upon which the action appealed was taken. The appeal shall stay all proceedings in furtherance of the action, appealed from unless the zoning administrator certifies to the planning commission that after the notice of appeal has been filed, that by reason of the facts stated in the notice, a stay would in the zoning administrator's opinion, cause immediate peril to life or property, in which case the proceedings shall not be stayed, other than by a restraining order, granted by a court of record.

The planning commission shall fix a reasonable amount of time for the hearing of an appeal and shall give due notice to the parties concerned including all landowners within 300 feet of the premises in question. Such notice shall be delivered personally or by mail addressed to the respective owners at the address given on the last assessment roll. The planning commission shall decide the appeal within a reasonable period of time with regard to the purpose of the ordinance. Upon the hearing, any party may appear in person or through an agent.

A fee in the required amount shall be paid to the city clerk at the time notice of the appeal is filed, unless payment of such fee is waived by the general rules adopted by the board.

The board, as herein created, is a body of limited powers. The board shall have the following specific powers and duties:

(1)

Purpose.

(a)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter.

(b)

To authorize upon appeal in specific cases such variance from the terms of the chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the chapter will, in an individual case, result in unnecessary hardship so that the spirit of this chapter shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case of unnecessary hardship upon a finding by the board of appeals that:

(i)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography; and

(ii)

The application of this chapter to this particular piece of property would create an unnecessary hardship; and

(iii)

Such conditions are peculiar to the particular piece of property involved, and not of the making of the applicant.

(iv)

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this chapter, provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by this chapter.

In exercising the above powers, the board of appeals may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirements, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken in relation to this chapter and may issue or direct the issuance of a permit.

(2)

Authorization. In hearing and deciding appeals, the board shall have the authority to grant such variances therefrom as may be in harmony with their general purpose and intent, so that the function of this chapter be observed, public safety and welfare secured, and substantial justice done, including the following:

(a)

Interpret the provisions of the chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the zoning map fixing the use districts, accompanying and made part of this chapter, where street layout actually on the ground varies from the street layout as shown on the map aforesaid. In case of any question as to the location of any boundary line between zoning districts the board shall interpret the zoning map after recommendation from the planning commission.

(b)

Permit the erection and use of a building or use of premises for public utility purposes upon recommendation of the planning commission.

(c)

Permit the modification of the off-street automobile parking space or loading space requirements where, in the particular instance, such modifications will not be inconsistent with the purpose and intent of such requirements.

(d)

Permit such modification of the height and area regulations as may be necessary to secure an appropriate improvement of a lot which is of such shape or so located with relation to surrounding development or physical characteristics that it cannot otherwise be appropriately improved without such modification.

(e)

Permit temporary buildings and uses for periods not to exceed six months.

(f)

Establish performance bonds to ensure compliance of any requirement which may be deemed necessary for approving any variance.

(3)

Application. The concurring vote of two-thirds of the members of the board shall be necessary to reverse any order, requirements, decision or determination of the building inspector in favor of the applicant in any matter upon which it is authorized by this chapter to render a decision.

The power of authority to alter or change the zoning ordinance or the zoning map is reserved to the city council in the manner hereinafter provided by law.

(4)

Standards. In consideration of all appeals and all proposed variations to this chapter, the board shall, before making any variations from the chapter in a specific case, first determine that the proposed variation complies with the conditions set forth in section 22.10(1)(b) of this section; and in addition meets the following general standards:

(a)

The proposed use will be of such location, size and character that it will be in harmony with the appropriate and orderly development of the surrounding neighborhood.

(b)

The proposed use will be of a nature that will make vehicular and pedestrian traffic no more hazardous than is normal for the district involved, taking into consideration vehicular turning movements in relation to routes of traffic flow, proximity and relationship to intersections, adequacy of sight distances, location and access of off-street parking and provisions for pedestrian traffic, with particular attention to minimizing child-vehicle contacts in residential districts.

(c)

The location, size, intensity, site layout and periods of operation of any such proposed use will be designed to eliminate any possible nuisance emanating therefrom which might be noxious to the occupants of any other nearby permitted uses, whether by reason of dust, noise, fumes, vibration, smoke or lights.

(d)

The location and height of buildings or structures and the location, nature and height of walls and fences will be such that the proposed use will not interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonably affect their value.

(5)

Conditions. The board of zoning appeals, acting on any appeal in connection with a request for waiver, may attach any conditions to its approval which it finds necessary to accomplish the reasonable application of the foregoing standards.

In exercising the above powers, the board may reverse or affirm wholly or partly, or modify the order, requirement, decision, or determination appealed from, and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the building inspector from who the appeal is taken in relation to this chapter.

The board of zoning appeals in conducting any public hearing shall fix a reasonable time for the hearing of the appeal and shall give due notice to the parties concerned including all owners of record of property and residence within 300 feet of the premises in question. Such notices shall be delivered personally or by mail addressed to the respective owners at the address given on the last assessment roll. The board shall decide the appeal within a reasonable period of time. Upon the hearing, any party may appear in person or by agent.

No order of the board permitting the erection or alteration of a building shall be valid for a period longer than six months unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with such permit. [SO1]This statement is not present in current ordinance. [SO2]This statement is not present in current ordinance. [SO3]In one state and several cities across the country, owners have no choice: They must furnish their residents shelters or at least information about options. Minnesota requires parks with fewer than 10 manufactured homes to distribute and post a plan for evacuating and sheltering residents. The state requires parks with 10 or more units to have a shelter or an evacuation plan. In the larger parks, if no suitable alternatives are available nearby, the government can order construction of a shelter. Chickasha, Okla., began requiring new manufactured home parks and RV parks to have shelters in 2007. It has since passed an ordinance requiring even old parks that were grandfathered in to post signs on whether an on-site shelter is available. [SO4]my new addition....