There is hereby established a Board of Adjustment consisting of seven (7) members. The seven (7) members shall be appointed by the Mayor, subject to the approval of the City Council. The seven (7) members of the Board of Adjustment shall be qualified electors of the City and [shall] have been a resident of the City for at least one (1) year immediately preceding the date of the member's appointment.

The term of office for members of the Board of Adjustment shall be for three (3) years. All such terms shall expire on the first day of May of the year in which such term is due to expire. A vacancy in office during the term shall be filled in the same manner as the original appointment, and the newly appointed member shall serve out the unexpired term of the member whose vacancy he or she fills.

The Board members shall elect a chair and a vice-chair from among their members. The chair or, in the chair's absence, the vice-chair, may administer oaths and take evidence.

(Ord. No. 1095, § 1, 8-26-82; Ord. No. 2763, § 1, 11-6-97; Ord. No. 2919, 1-14-99; Ord. No. 3063, § 3, 11-18-99)

Meetings of the Board shall be open to the public. The minutes of its proceedings, showing the vote of each member, records of its examinations and other official actions shall be filed in the office of the City Clerk as a public record. The secretary of the Board shall be the Planning and Development Director.

The concurring vote of at least four (4) members of the Board shall be necessary to reverse any order or decision of the Zoning Administrator, or to decide in favor of the person aggrieved on any matter upon which it is required to pass or grant any variance as provided for in this Code.

The Board shall prescribe, in connection with any matter it considers, any conditions the Board deems necessary in order to fully carry out the provisions and intent of this Code. Such conditions may include, among other things, time limitations. Violations of any such condition shall be a violation of this Code, and such violation shall render the Board's action null and void.

Variances which are granted by the Board shall be void if the use is not commenced or a building permit has not been issued within sixty (60) days of such Board action or within the time stipulated by the Board of Adjustment.

(Ord. No. 1506, 8-11-85; Ord. No. 2763, § 1, 11-6-97; Ord. No. 3063, § 3, 11-18-99)

[The Board of Adjustment shall have the following powers and duties:]

(1) Adopt rules of procedure not inconsistent with the provisions of this Code for the conduct of its business and procedure.

(2) Hear and decide all appeals that may be taken by any person or any Officer, Department, Board or Division of the City when there is an alleged error in any such order, requirement or decision made by the Zoning Administrator in the enforcement of the provisions of this Code.

(3) Reverse or affirm in whole or in part or modify the order or decision as ought to be made, and [to] that end shall have the powers of the officer for whom the appeal is taken.

(4) Determine and establish the true location of district boundaries in any disputed case.

(5) Interpret any provision of the Zoning Code as it relates to a specific use of land or structure.

(6) In specific cases, authorize upon request such variances from the provisions of this Code that will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of this Code would result in unnecessary property hardships. A variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which such property is located.

(a) A variance shall not be granted unless the Board of Adjustment shall find upon sufficient evidence:

1. There are special circumstances or conditions applying to the land, building or use referred to in the request;

2. The granting of the variance is necessary for the preservation and enjoyment of substantial property right; and

3. The granting of the variance will not materially be detrimental to persons, property or to the public welfare of the community.

(b) The Board of Adjustment may not:

1. Make any changes in the uses permitted in any zoning classification or zoning district, or make any changes in the terms of the Zoning Code provided the restriction in this paragraph shall not affect the authority to grant variances pursuant to this article.

2. Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner.

(Ord. No. 3063, § 3, 11-18-99)

(1) Appeals to the Board may be taken by any person aggrieved or by Officials, Departments, Boards or Divisions of the City affected by any decision of the Zoning Administrator, within thirty (30) days, by filing with the officer from whom the appeal is taken and with the Board a notice of appeal is taken shall forthwith transmit to the Board all papers constituting the records upon which the action appealed from was taken.

(2) The appeal stays all proceedings in the matter appealed from, unless the officer from whom the appeal is taken certified to the Board that, by reason of the facts stated in the certificate a stay would, in his/her opinion, cause eminent peril to life or property. In such case, proceedings shall not be stayed except by restraining order granted by the Board or by a court of record on application and notice to the officer from whom the appeal is taken.

(3) The Board shall fix a reasonable time for the hearing of the appeal and given notice thereof to the parties in interest and the public in the same manner used for amending this Code and stated in Article XXVI.

(4) The Board's decision shall become effective on the sixth working day after the Board's hearing on the appeal.

(5) A person aggrieved by decision of the Board or a taxpayer, officer or department of the municipality affected by a decision of the Board may, at any time within thirty (30) days after the Board has rendered its decision, file a complaint for special action in the superior court to review the Board decision. Filing the complaint does not stay proceedings on the decision sought to be reviewed; but the court may, on application, grant a stay and on final hearing may affirm or reverse, in whole or in part, or modify the decision reviewed.

(Ord. No. 3063, § 3, 11-18-99)

A fee established by Council resolution shall accompany each application described in the chapter. No part of any such fee shall be refundable after an application is filed.

(Ord. No. 3063, § 3, 11-18-99)