A.

The Board of Adjustment shall consist of five (5) members.

B.

Meetings of the board shall be held at such times as may be necessary.

(Ord. No. 2022-003, § 14, 1-18-2022; Ord. No. 2019-028, § 1, 9-17-2019)

The Board shall have the following powers and duties, all of which shall be exercised, subject to the laws of the State and subject to the appropriate conditions and safeguards, in harmony with the purpose and intent of this Title, the policies of the Town Council, and in accordance with the public interest and the most appropriate development of the neighborhood.

A.

The Board shall hear and decide appeals initiated by an applicant and review any order, requirement, decision or determination made by an administrative official charged with enforcement of the regulations established by this Title unrelated to a land development application, technical criteria variance or where the appeal process is set forth elsewhere in this Title.

B.

Appeal procedures shall be as follows:

1.

The submittal requirements and process to file for an appeal are set forth in the Development Procedures Manual.

2.

The Board shall determine whether the Manager's decision was consistent with application of this Title and then either affirm or reverse the Manager's decision.

3.

A written notice of appeal of any administrative decision shall be filed within fifteen (15) days of the decision being appealed. The notice of the appeal shall be filed with the Manager and shall state with specificity the reasons for appeal. The Board shall hear such appeal within sixty (60) days of the filing of the notice of appeal. At such hearing, both the applicant and the Manager shall have the opportunity to be heard and present evidence.

4.

A simple majority vote, but not less than three, is required to either affirm or reverse the Manager's decision. The Board may affirm the decision, reverse the decision, or affirm the decision with conditions. The ruling of the Board shall be final, subject to judicial review.

5.

The Board shall not consider an appeal which is the same or substantially the same as an appeal previously considered and ruled upon by the Board.

C.

Variances.

1.

Following proper notice as prescribed in Chapter 17.04, the Board shall hear and decide an appeal on specific cases for a variance to the following:

a.

Minimum area of lot;

b.

Minimum width of lot;

c.

Maximum height of buildings;

d.

Minimum front yard;

e.

Minimum side yard;

f.

Minimum rear yard;

g.

Minimum off-street parking requirements;

h.

Title 19, Sign Code Regulations, except as limited under Subsection 19.04.080.H, CRMC;

i.

Minimum landscape requirements;

j.

Maximum fence height; and

k.

Chapter 17.58 (Illumination) of this Title.

2.

In making its decision on a variance application, the Board shall consider the following and find:

a.

The strict enforcement of the provisions of this Code will result in practical difficulties or unnecessary hardship to the applicant, inconsistent with the intent and purpose of this Code;

b.

The practical difficulties or unnecessary hardship were not created by the applicant;

c.

Unique physical conditions or exceptional topography exist on the subject property and similar unique conditions do not exist on neighboring properties;

d.

The property is unable to be reasonably developed in conformity with the provisions of this Code due to unique physical conditions or exceptional topography;

e.

The variance, if granted, will not substantially alter the character of the neighborhood in which the property is located, or impair the use or development on adjacent property; and

f.

The variance, if granted, will not create an adverse effect on public health, safety and welfare or cause harm to adjacent properties.

3.

The Board may impose reasonable conditions on the grant of a variance. In addition, upon approval of a variance, the Board shall determine whether the variance is limited to the condition existing on the property at the time of approval, or whether the variance runs with the land regardless of whether the conditions on the property change.

4.

The decision of the Board shall be final, subject to judicial review.

5.

Time limits.

a.

Construction pursuant to a variance shall be completed within one (1) year from the date on which the variance was granted, unless otherwise specified by the Board in its decision. If construction is not completed within such time, the variance shall automatically terminate. However, upon application made during such time, the Board may, for good cause, issue not more than one (1) extension of the completion deadline.

b.

No application for a variance which is the same or substantially the same as an application previously considered and ruled upon by the Board shall be accepted by the Town until at least one (1) year has elapsed from the date of the last ruling by the Board.

D.

Reasonable Accommodation Variance. A reasonable accommodation variance shall be an administrative determination by the Director in accordance with Subsection 17.01.020.C.

(Ord. No. 2019-028, § 1, 9-17-2019)