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Glenrock City Zoning Code

31.19 Board

Of Adjustment

31.19.010 Appointment, Membership

  1. The Governing Body shall appoint seven (7) members who are residents of the Town of Glenrock to the Board of Adjustment in accordance with W.S. § 15-1-605, 1977 Republished Edition, as amended. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Any member of the Board may be removed for cause by the Governing Body upon written notice of charges and after public hearing of charges if the party being removed so requests.
  2. Members appointed to the Board shall take an Oath and discharge their duties in accordance with this Article and state statutes.

31.19.020 Powers And Duties

  1. The Board of Adjustment shall hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with enforcement of any ordinance adopted pursuant to W.S. §§ 15-1-601 through 15-1-611, 1977, as amended.
  2. The Board of Adjustment shall fix a reasonable time for hearing and appeal, give public notice, adequate notice to the parties in interest and decide the appeal within a reasonable time. Any party may appear in person at a hearing or by an agent or attorney.
  3. The Board of Adjustment shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to W.S. §§ 15-1-601 through 15-1-611, 1977, as amended.
  4. The Board of Adjustment has the power to:
    1. hear and decide appeals if an error is alleged in any order, requirement decision or determination made by an administrative official in the enforcement of W.S. §§ 15-1-602 through 15-1-611, 1977, as amended.
    2. hear and decide special exemptions to the terms of any ordinance adopted which required the Board of Adjustment to pass on such special exemptions and which is W.S. §§ 15-1-601 through 15-1-611, 1977, as amended.
    3. vary or adjust the strict application of any of the requirements of any ordinance adopted pursuant to W.S. §§ 15-1-601 through 15-1-611, 1977, as amended, in the case of an irregular, narrow, shallow or steep lot or other physical conditions applying to a lot or building as a result of which strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved. No adjustment in the strict application of any provision of any such ordinance may be granted unless:
      1. there are special circumstances or conditions, fully described in the Board’s findings, which are peculiar to the land or building for which the adjustment is sought and do not apply generally to land or building in the neighborhood, and have not resulted from any act of the applicant subsequent to the adoption of the ordinance.
      2. for reasons fully set forth in the Board’s findings, the circumstances or conditions are such that the strict application of the provisions of the ordinance would deprive the applicant of the reasonable use of land or building and the granting of the adjustment is necessary for the reasonable use thereof and the adjustment, as granted, is the minimum adjustment that will accomplish this purpose.
    4. grant exceptions and variances upon request after a showing that an illegal construction or a non-conforming building or use existed for a period of at least five (5) years in violation of location ordinance and the Town has not taken steps toward enforcement.
    5. reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination of the administrative authority as necessary.
  5. The concurring vote of a majority of the Board is necessary to reverse any order, requirement, decision or determination of any administrative official or to decide in favor of the application on any matter upon which the Board of Adjustment is required to pass under any ordinance or to affect any variation in the ordinance.

31.19.030 Meetings, Procedures And Appeals

  1. The Board of Adjustment shall meet at the call of the Chairman and at such time as the Board may determine.
  2. The Chairman or, in his absence, the acting Chairman may administer oaths for testimony at Board hearings to compel the attendance of witnesses. All meetings of the Board are open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question or, if absent or failing to vote, indicating that fact and shall keep records of its examinations and other official actions. All minutes shall be filed immediately in the office of the Board and are public record.
  3. Any aggrieved person or any officer, department, board or bureau of the Town affected by a decision of the administrative authority may appeal to the Board. Appeals shall be taken within thirty (30) days after the date of the decision of the administrative authority by filing with the officer from whom the appeal is taken and with the Board, a Notice of Appeal specifying the grounds thereof as set forth in this Ordinance. The officer for whom the appeal is taken shall immediately transmit to the Board the complete record of the action from which the appeal is taken.
  4. An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken specifies to the Board that by reason of facts stated in the Certificate of Stay, in his opinion, would cause imminent peril to life or property. In such cases, proceedings shall not be staying other than by Restraining Order granted by the District Court for the district or a judge thereof and on due cause shown.
  5. Every appeal shall be made to the Board of Adjustment on forms which may be secured at the Office of the Town Clerk. The procedure of appeals shall be as follows:
    1. A written appeal shall be filed with the Chairman of the Board by the party feeling aggrieved by an order or decision of the administrative authority and upon forms prepared and supplied by the Town Clerk. Said appeal shall be accompanied by accurate plans and specifications of the proposed work showing also the plot of land to be built upon together with the placement of the proposed building and all other existing and proposed structures and accompanied by a fee of twenty-five ($25.) dollars.
    2. Any communication purporting to ban an appeal shall be regarded as mere notice to seek relief and shall not be considered by the Board until it is made on the form required.
    3. Upon receipt of any such communication, the applicant shall be supplied with the proper forms before placing his appeal, and if he fails to file with the Board of Adjustment the form properly filled out and executed and supply the required data within thirty (30) days from the date of refusal of the permit, his case shall be dismissed for lack of prosecution.
  6. Each appeal, when filed in the proper form with the required data, shall be numbered serially and shall be placed upon the calendar of the Board of Adjustment by the Chairman thereof. The calendar numbers shall begin anew on January 1st each year and shall be hyphenated with the number of the year in which such appeal is filed. Appeals shall be assigned for hearing in the order in which they appear on the calendar thereof, except that an appeal may be advanced for hearing by order of the Board upon good cause being shown. A legal notice of each hearing shall be published in the official newspaper of the Town at least twenty (20) days before the date set for the meeting. A twenty (20) day notice of the hearing of an appeal shall be sent by mail to the appellant and all directly affected property owners within a minimum of 200 ft. The notice area may be increased if deemed necessary by the Board of Adjustment. The notice to the appellant shall be sent by certified mail to the address given in the appeal. The cost of publishing and postage for making the required notices to the appellant and affected property owners shall be deducted from the twenty-five ($25) dollars paid to the Board at the time of filing the appeal.
  7. At a public hearing of the case before the Board, the appellant shall appear on his own behalf or be represented by an attorney or agent. The appellant’s side of the case shall be heard first and those in objection shall follow. To maintain orderly procedure, each side shall proceed without interruption by the other.
  8. Every person before the roster shall abide by the order and direction of the Chairman. Discourteous, disorderly or contemptuous conduct shall be regarded as a breach of the privileges of the Board and shall be dealt with as the Chairman deems necessary.
  9. The final disposition of any appeal of the Board of Adjustment shall be in the form of a Resolution which shall affirm, modify or reverse the refusal of a permit or any order or decision of the administrative authority. The Board shall set out in said Resolution the conditions upon which the permit may be issued. The concurring vote of four (4) members shall be necessary for a decision. If a Resolution presented at any meeting fails to receive four (4) concurring votes due to the absence of one (1) of the members, it shall be presented again at the next meeting when at least four (4) board members are in attendance.
  10. Any appellant may withdraw his appeal at any time prior to the decision of the Board of Adjustment thereon by so notifying the Board in writing.
  11. Rehearing:
    1. No rehearing of the decision of the Board of Adjustment shall be had except:
      1. on a motion to reconsider the vote; or
      2. on a written request for a rehearing.
    2. No request to grant a rehearing will be entertained unless new evidence is submitted which could not reasonably be presented at the previous meeting. If the request for a rehearing is granted, the case shall be put on the calendar for a rehearing. In all cases, the request for a rehearing shall be in writing, stating the reason for the request and shall be duly verified and accompanied by the necessary data and diagram.

31.19.040 Appeal Of Board Of Adjustment Decision

The decision of the Board of Adjustment, upon any objection made within the time and in the manner prescribed, may be reviewed by the District Court, upon the appeal procedure as provided in W.S. § 15-1-707(h), 1977, as amended.