The Board of Adjustment created by the City of Douglas Ordinance 350, as amended, is hereby continued under the following provisions.

1101.1

Membership. The Board of Adjustment shall consist of seven (7) members, who shall be appointed by the City Council of the City of Douglas and shall serve without pay. No more than one (1) member may be a member of the City Council, nor shall more than one (1) member of the Planning and Zoning Commission serve on the Board of Adjustment.

1101.2

Terms of Office. In order to create a system of staggered terms, one (1) member will be appointed to serve a term expiring June 30, 1998, two (2) members will be appointed to serve a term expiring June 30, 1999, and three (3) members will be appointed to serve a term expiring June 30, 2000. After these initial appointments, members will be appointed to serve three-year terms. In the event of a death or resignation of a member, the vacancy may be filled by appointment by the Mayor with approval of the Council for the un-expired term of the member replaced.

1101.3

Vacancies and Removal for Cause. Vacancies on Board of Adjustment shall be filled by resolution of the City Council for the un-expired term of the member affected. Members of the Board of Adjustment may be removed from office by the City Council for cause upon written charges and public hearing. Vacancies thus created shall be filled for the un-expired term of the member whose office has become vacant.

(Ord. 702, § 2, 1997; Ord. No. 21-1134, 7-14-2021)

The Board of Adjustment shall conduct its affairs according to the following procedures.

1102.1

Officers. The Board of Adjustment shall annually elect its own Chairman, Vice-Chairman. The Chairman, or in his absence, the Vice-Chairman may administer oaths and compel the attendance of witnesses.

1102.2

Rules. The Board of Adjustment shall adopt rules as necessary to the conduct of its affairs, and in keeping with the provisions of this Ordinance.

1102.3

Meetings. Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such other times as the Board of Adjustment may determine. All meetings shall be open to the public. Four (4) members of the Board of Adjustment shall constitute a quorum for the transaction of all business, but a smaller number may adjourn from time to time until a quorum can be assembled.

1102.4

Records. The Board of Adjustment 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 actions, all of which shall be of public record and be filed in the office of the Board of Adjustment.

1102.5

Attendance. Attendance at meeting of the Board of Adjustment shall be taken. If a member of the Board does not attend three (3) consecutive meetings, the Board may direct the Building Inspector or the Director of Community Development to determine why the member in question was unable to attend and to make recommendation as to a course of action. Acting on that recommendation, the Board any then vote to ask the Council to replace the member of the Board in question as outlined above in Section 1103.3.

(Ord. 04-862, § 1, 2004; Ord. No. 21-1134, 7-14-2021)

It shall be the duty of the Board of Adjustment to interpret the provisions of this Ordinance, and shall have the power to grant conditional uses to, and variances from, the provisions of this Ordinance herewith specified.

1103.1

Interpretation.

The Board of Adjustment shall:

(a)

Hear and decide appeals in which it is alleged there is an error in an order, requirement or decision made by the Zoning Administrator in enforcement of the Zoning Ordinance.

(b)

Hear and decide appeals for variances from the terms of the zoning ordinance only if, because of special circumstances applicable to the property, including its size, shape, topography, location, or surrounding, the strict application of the zoning ordinance will deprive such property of privileges enjoyed by other property of the same classification in the same zoning district. Any variance granted is subject to such conditions as will assure that the adjustment authorized shall not constitute a grant of a special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located.

(c)

Reverse or affirm, wholly or partly, or modify the order, requirement or decision of the Zoning Administrator appealed from, and make such order, requirement, decision or determination as necessary.

The Board of Adjustment may not:

(a)

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

(b)

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

1103.2

Deleted.

(Ord. 20-1127, § 3, 2021; Ord. No. 21-1134, 7-14-2021; Ord. No. 23-1166, § 2, 7-12-2023)

Every decision of the Board of Adjustment shall be based upon findings of fact, and every finding of fact shall be supported in the record of its proceedings. The enumerated conditions required to exist on any matter upon which the Board of Adjustment is authorized to pass under the Ordinance shall be construed as limitations on the power of the Board of Adjustment to act. A mere finding or recitation of the enumerated conditions, unaccompanied by the finding of specific fact shall not be deemed in compliance with this Ordinance.

(Ord. No. 21-1134, 7-14-2021; (Ord. No. 23-1166, § 2, 7-12-2023)

Nothing herein contained shall be construed to empower the Board of Adjustment to change the terms of this Ordinance, to affect changes in the Official Zoning Map or to add to the uses permitted in any district.

(Ord. No. 21-1134, 7-14-2021)

Any person aggrieved by a decision of the Board of Adjustment, any taxpayer, or a municipal officer may, at any time within thirty (30) days after the filing of the decision by the Board of Adjustment, file a complaint for special action in the superior court to review the Board decision. Filing of the petition shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the Board of Adjustment, and for good cause shown, grant a restraining order, and on final hearing may reverse, affirm, or modify the decision reviewed.

(Ord. No. 21-1134, 7-14-2021)

Upon filing an application or appeal, the applicant shall pay a filing fee to the City Clerk in accordance with a schedule contained in Article 13 of this Ordinance, and posted in the office of the Building Inspector. No part of any such fee shall be returnable after an application is filed and such fee paid. In the case of an application for a variance or special exception to more than one (1) provision of this Code, the filing fee shall be the total for all provisions as prescribed by the fee schedule. Payment of the filing shall be waived when the applicant is the Building Inspector or any other officer or agency of the City, or the County, the State, or the Federal Government.

(Ord. No. 23-1166, § 2, 7-12-2023)