Georgetown City Zoning Code

BOARD OF ADJUSTMENT

1. ORGANIZATION

A. There shall be appointed by the Village Board of Georgetown, Idaho, a Board of Adjustment consisting of five members, who shall serve without pay, each to be appointed by the Village Board of Georgetown for a term of five (5) years; PROVIDED, that the terms of the members of the first board so appointed shall be such that the term of one member shall expire each year. Any member may be removed for cause by the appointing authority upon written charges and after public hearing, if such public hearing is requested. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

B. The Board of Adjustment shall organize and elect a chairman and adopt rules in accordance with the provisions of this ordinance and other laws. Meetings of the Board shall be held at the call of the chairman and at such times as the board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of members upon each question, of those absent and failing to vote, indicating such fact, and shall keep records of its examinations and other official action; all of which shall be immediately filed in the office of the Board and shall be a public record.

2. POWERS OF THE BOARD

Upon appeals, the Board of Adjustment shall have the following powers:

A. To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement ,decision or refusal made in the enforcement of this ordinance.

B. To hear and decide requests for special exceptions or for decisions upon other special questions upon which such Board is authorized by this ordinance to pass.

C. To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interests, where owing to special conditions a literal enforcement of the provision of this ordinance will result in unnecessary hardship; PROVIDED, that the spirit of this ordinance shall be observed and substantial justice done.

D. In exercising the above-mentioned powers such Board may, in conformity with the provision of the law, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken; PROVIDED, that before any variance may be granted, it shall be shown that special circumstances attach to the property covered by the application which do not generally apply to the other property in the same district; that because of said special circumstance, property covered by the application is deprived of privileges possessed by other properties in the same district; and that the granting of the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district and vicinity.

E. The concurring vote of a majority of the five members of the Board shall be necessary to reverse any order, requirement or determination of any such administrative official, or to decide in favor of the applicant on any matter on which it is required, to pass or to effect any such variation in this ordinance.

F. The Village Board may act as the Board of Adjustment during such time until a Board of Adjustment is appointed.