The board of adjustment is hereby created. The board shall consist of seven (7) members, all of whom shall be residents of the City of Green River. They shall be appointed by the mayor and with the consent of the governing body. All terms shall be for three (3) years. Vacancies shall be filled for any unexpired term in the same manner as the original appointment was made. Any member of the board of adjustment may be removed for cause by the governing body upon written charges and after a public hearing. Members of the board of adjustment shall serve without compensation.

The board shall appoint a secretary to the board. The secretary shall be the custodian of its records, shall conduct the official correspondence, and attend to the clerical and technical matters necessary for the efficient operation of the board. The secretary shall receive all notifications of appeal and all requests for variances from the provisions of this ordinance, and shall notify the person or persons responsible for administration of this ordinance of the appeal or the request to the board of adjustment. The salary of the secretary shall be set by the governing body.

The members of the board of adjustment shall meet at least once each month at such time and place as they may fix by resolution. They shall select one of their members as chairman and one as vice-chairman, who shall serve one year and until their successors have been selected. Special meetings may be called at any time by the chairman or, in his absence, by the vice-chairman. Four (4) members of the board shall constitute a quorum for the transaction of business.

The board of adjustment shall adopt rules and procedures for the conduct of its business in accordance with the provisions of this ordinance.

(Ord. No. 95-1, § 1, 1-17-95)

The board of adjustment has the following powers and jurisdiction:

(A)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the building inspector in the enforcement of this ordinance.

(B)

To authorize, upon appeal, such variances from the terms of this ordinance as will not be contrary to the public interest whenever a property owner can show that the strict application of any of the requirements of this ordinance would result in practical difficulty or unnecessary hardship that would deprive him of the reasonable use of his land or structure when compared to other land or structures similarly situated.

(C)

To permit the reconstruction of a nonconforming building which has been damaged by casualty, act of God or public enemy to the extent of more than sixty (60) percent of the structural value of the building and the land upon which it is located where the board finds some compelling public necessity requiring continuance of the nonconforming use, and the primary purpose of continuing the nonconforming use is not to continue a monopoly. In the case of doubt, the fair market value shall be determined as provided in Chapter 9, Section 9.5(C), Nonconforming Uses.

(D)

To authorize upon appeal, and in specific cases, an increase in the land area occupied by a legal, existing, nonconforming use on an existing zone lot, or the floor area occupied by a legal nonconforming use in an existing structure, subject to terms and conditions fixed by the board.

(E)

Subject to the limitations set forth in this section, the board, by majority vote, may reverse, affirm or modify the order, requirement, decision or determination appealed from and relating to this ordinance and may make such order, decision or requirement as ought to be made, and to that end, the board shall have all the powers of the official or agency appealed from. The board may also attach conditions to a decision.

(A)

Purpose of a Variance: The board of adjustment may authorize, upon appeal, such variances from the terms of this ordinance as shall not be contrary to the public interest. Such appeals shall be made only after a determination by the building inspector that the building permit application is not in compliance with provisions of this ordinance. Appeals shall be made on application forms provided, which forms shall serve as notification to the board of adjustment. The request for a variance shall be filed with the secretary of the board of adjustment and a copy filed with the building inspector. Upon receipt of a request for a variance, the building inspector shall transmit a copy of the building inspector's determination and any other pertinent information to the board for its consideration.

The purpose of any variance shall be to modify the strict application of the requirements of this ordinance where it can be shown that, by reason of exceptional topography or other extraordinary or exceptional circumstances, literal enforcement of the terms of this ordinance will result in unnecessary hardship to the extent that the property might be prohibited from being used in a manner similar to other property in the same district.

(B)

Minimum Conditions for a Variance: Each variance authorized shall not be personal to the applicant but shall apply to the specific use or structure for which the variance was granted and shall run with the land. No variance shall be authorized unless the board shall find that all of the following conditions exist:

(1)

That the variance will not authorize a permitted use other than those enumerated in the zoning district in which the variance is sought.

(2)

That owing to extraordinary circumstances or conditions relating to the land or building for which the variance is sought, literal enforcement of the provisions of this ordinance will result in unnecessary hardship and deprive the applicant of a reasonable use of his land or building.

(3)

That the extraordinary circumstances were not created by the owner of the property and do not represent a general condition of the district in which the property is located.

(4)

That the variance, if granted, will not substantially or permanently injure any adjacent, conforming property.

(5)

That the variance will not alter the character of the district in which it is located.

(6)

That the variance, if granted, will not result in an extraordinary gain in use, service or income for the property when compared with adjacent, conforming uses in the same district.

(7)

That the variance, if granted, is the minimum variance and the least modification that will afford the relief sought.

(8)

That the variance will be in harmony with the spirit of this ordinance and will not adversely affect the public health, safety or welfare.

(Ord. No. 90-2, § 2, 2-7-90)

Decisions of the board or adjustment in regard to appeals from an order or decision of any agency or official, or in regard to variances from the provisions of the zoning ordinance, shall be reached only after a public hearing. The board shall fix a reasonable time and place for the hearing and shall proceed in accordance with the following rules:

(A)

Public notice shall be given of all hearings. Public notice shall consist of the posting of a sign or signs by the applicant on the affected property for at least fifteen (15) days prior to the date of the hearing and two (2) successive publications of a notice by the city in a newspaper of general circulation beginning at least fifteen (15) days prior to the hearing. The posted signs shall be in number, size and location as prescribed by the secretary to the board of adjustment. Both the sign and the newspaper notices shall identify the applicant, shall briefly state the nature of the appeal or the variance sought, and shall give the date, time and place of the hearing. All hearings and other meetings of the board shall be open to the public. The applicant shall be responsible for the removal of the sign or signs within five (5) days after the hearing.

(B)

Due notice of the hearing shall also be given to the parties at interest, including the building inspector and the planning commission. These agencies shall be permitted to be heard on behalf of the city in all public hearings.

(C)

At any public hearing, any interested party may appear in person or be represented by an agent or attorney and, after being duly sworn, may offer evidence and testimony and cross-examine witnesses.

(D)

All witnesses shall be sworn by the chairman or acting chairman or shall affirm their testimony in the manner required in courts of record.

(E)

All testimony and evidence shall be presented publicly.

(F)

The board shall keep a record of the proceedings for each matter heard which shall be kept on file in the office of the board and copies made available to any party at cost. The record of proceedings may include documents and physical evidence considered in the case.

(G)

The board shall render a written decision on each case heard within thirty (30) days of the hearing. Each decision must be accompanied by reasons therefor and based on findings of fact. The record shall show the grounds for each decision and the vote of each member upon each question. The record of proceedings shall be a public record. In addition to this record of proceedings, the board shall cause a description of each variance granted to be filed with the title of the affected property. The description shall include the nature of the variance, any time limitations, and any special conditions imposed by the board.

(H)

The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision or determination of the building official, or to decide in favor of the applicant upon any matter which it is required to pass concerning this ordinance, or to affect any variation of this ordinance.

Decision of the board of adjustment upon any matter herein described may be reviewed by the district court, as provided in Wyoming Statutes, Article 7, Section 15-189(h).