Concordia City Zoning Code
ARTICLE VII
Board of Adjustment
Section 405.310 General.
[Ord. No. 649 §1, 3-4-2002]
This Section addresses the duties and responsibilities of a Board of Adjustment, herein referred to as "the Board", and other officials and agencies with respect to the administration of this Code.
Section 405.320 Establishment of The Board.
[Ord. No. 649 §1, 3-4-2002]
The establishment of the Board shall be in accordance with the procedures and policies set forth in State law. The Board shall consist of five (5) members. Additionally, the Code Official shall be appointed as liaison to the Board. The Code Official shall have the right to attend all meetings and take part in all discussions but shall not vote on Board decisions.
Section 405.330 Terms For Members.
[Ord. No. 649 §1, 3-4-2002]
The terms of office for the members of the Board shall be for five (5) years. Members may be removed for cause upon written charges and after a public hearing before the legislative body of the jurisdiction, if such hearing is requested.
Section 405.340 Selection of Members.
[Ord. No. 649 §1, 3-4-2002]
All members shall be appointed by the Mayor and approved by the legislative body of the jurisdiction served. The terms of office shall be staggered annually so as to provide continuity in policy and personnel. Members of the Board shall be residents of the jurisdiction served. The legislative body of the jurisdiction shall set compensation for the Board. Any vacancy for the unexpired term of any member whose term is not completed shall be filled. A member shall continue to serve until a successor has been appointed and approved by the legislative body.
Section 405.350 Chairperson Election and Rules Adoption.
[Ord. No. 649 §1, 3-4-2002]
The Board shall elect from its membership a Chairperson. It shall also establish and adopt rules for its organization and the transaction of business and shall keep a public record of its proceedings.
Section 405.360 Board Secretary.
[Ord. No. 649 §1, 3-4-2002]
A Secretary to assist the Board shall be appointed from within its membership. The Secretary shall keep minutes of the Board meetings for public record and conduct all correspondence including the notification of decisions. The Secretary shall also certify records. The Secretary shall prepare and submit the minutes of the Board meeting to the Chairperson and the Board.
Section 405.370 Duties and Powers.
[Ord. No. 649 §1, 3-4-2002]
A.
Errors. The Board shall have the power to hear and decide on appeals where it is alleged that there is an error in any order, requirement, decision, determination or interpretation by the Code Official.
B.
Variances. The Board shall have the power to hear and decide on appeals wherein a variance to the terms of this Code is proposed. Limitations as to the Board's authorization shall be as set forth in this Code.
C.
Variance Review Criteria. The Board of Adjustment may approve, approve with conditions or deny a request for a variance. Each request for a variance shall be consistent with the criteria listed below.
1.
Limitations on the use of the property due to physical, topographical and geological features.
2.
The grant of the variance will not grant any special privilege to the property owner.
3.
The applicant can demonstrate that without a variance there can be no reasonable use of the property.
4.
The grant of the variance is not based solely on economic reasons.
5.
The property owner did not create the necessity for the variance.
6.
The variance requested is the minimum variance necessary to allow reasonable use of the property.
7.
The grant of the variance will not be injurious to the public health, safety or welfare.
8.
The property subject to the variance request possesses one (1) or more unique characteristics generally not applicable to similarly situated properties.
D.
Use Variance. The Board of Adjustment shall not grant a variance to allow the establishment of a use in a zoning district when such use is prohibited by the provisions of this Code.
E.
Decisions. The Board shall be permitted to decide in any manner it sees fit; however, it shall not have the authority to alter or change this Code or Zoning Map or allow as a use that which would be inconsistent with the requirements of this Code. Provided however, that in interpreting and applying the provisions of this Code, the requirements shall be deemed to be the spirit and intent of the Code and do not constitute the granting of a special privilege.