A.

Creation and appointment. The Board of Zoning Adjustment (BZA) is hereby, established, which shall be composed of the Planning Commission as a whole.

B.

Organization. The Board of Zoning Adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of these regulations. Meetings shall be held on a regular schedule and at such other times as the board may determine. All meetings shall be open to the public. The Board of Zoning Adjustment shall keep minutes of its vote, indicating such fact, and it shall keep records of its examinations and other official actions, all of which shall be a public record. A quorum of the board shall consist of three (3) members. The concurring vote of a majority of the total board-members shall be necessary, to revise any order or decision of the Administrative Officer or to decide on any matter upon which it is required to pass. The Administrative Official shall attend each meeting of the board and shall bring with him all plans, specifications, plats, and papers relating to any case before the board for determination.

C.

Powers and duties. The Board of Zoning Adjustment, shall have all the powers and duties prescribed by law and by these regulations, which are more particularly described as follows:

1.

Administrative review. To hear and decade appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Administrative Official in the enforcement of these regulations. The board may affirm or reverse, in whole or in part, said decision of the Administrative Official.

2.

Variances. To authorize upon appeal in specific cases such variance from the terms of this zoning chapter as will not be contrary to the public interest where owing to special conditions a literal enforcement of the provisions of these regulations would result in unnecessary hardship that would deprive the owner of any reasonable use of the land or building involved. A variance from the terms of these zoning regulations, shall not be granted by the Board of Zoning Adjustment unless and until:

a.

The applicant demonstrates that special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district; that literal interpretation of the provisions of these regulations would deprive the applicant of rights, commonly enjoyed by other properties in the same district under the terms of these regulations; that special conditions and circumstances do not result from the actions of the applicant; and that granting the variance requested will not confer on the applicant any special privilege that is denied by the zoning regulations to other lands, structures, or buildings in the same district.

b.

No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

c.

The Board of Zoning Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of land, building or structure.

d.

The Board of Zoning Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of these zoning regulations, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

e.

In granting any variance, the Board of Zoning Adjustment may prescribe appropriate conditions and safeguards that it deems necessary, or, desirable. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of these regulations.

f.

Under no circumstances shall the Board of Zoning Adjustment grant a variance to allow a use not permissible under the terms of these zoning regulations in the district involved, of any use expressly, or by implication, prohibited by the terms of these regulations in said district.

3.

Special exceptions. In addition to the powers and duties specified above, the Board of Zoning Adjustment shall also have the following powers and duties to hold public hearings and decide the following special exceptions:

a.

Interpret zoning district boundaries, upon appeal of the Zoning Official's determination and where uncertainty exists, as to the boundaries of the zoning districts, or when the street or property lines existing on the ground are at variance with those shown on the zoning district map.

b.

Determine the amount of parking required for a use not listed herein.

c.

Vary the parking regulations by not more than twenty-five percent (25%) where it is conclusively shown that the specific use of a building would make unnecessary the parking spaces otherwise required by these regulations.

d.

Permit an addition to a nonconforming structure provided that said addition conforms to all Building Code requirement, and further provided, that the current use of the structure conforms to the zoning district in which it is located.

D.

Procedure for application and appeals.

1.

Application. Appeals to the Board of Zoning Adjustment may be taken by any person aggrieved, or by any officer, department, or board of the City affected by any decision of the Administrative Official. All appeals and applications made to the board shall be made in writing to the board within ten (10) days after the decision has been rendered by the Administrative Official. Every appeal or application shall refer to the specific, provision of the Code involved and shall exactly set forth:

a.

The interpretation that is claimed;

b.

The use for which the permit is sought; or

c.

The details of the variance that is applied for, and the grounds on which it is claimed that the variance should be granted, as the case may be.

2.

Public hearing and notice. The board shall fix a reasonable time for the public hearing of an application or appeal, give public notice of the time and place thereof as well as due notice to the parties in interest, and decide same within a reasonable time. Said public notice shall be published at least once not less than seven (7) days preceding the date of such hearing, in a newspaper of general circulation in the City. Applicant is to provide prior to the public hearing proof publishing of notice. The public notice shall give the particular location of the property on which the application or appeal is requested, as well as a brief statement of what the application or appeal consists. Evidence of notification of all adjoining property owners, shall accompany all applications for variances. Such notification shall he made fifteen (15) days prior to public hearing and include the above described public notice information, as well as the time and place where the public hearing will be conducted. Public hearings may he adjourned from time to time, and, if the time and place of the adjourned meeting is publicly announced when, the adjournment is made, no farther notice of such adjourned meeting need be published. At a public hearing any party shall appear in person, by agent, or by attorney. Failure of applicant to appear at public hearing will result in tabling of the appeal. All cost associated with notification of the public shall be borne by the applicant.

3.

Effect of appeal. An appeal shall stay all proceedings of the action appealed from unless the person affected by such appeal certifies to the Board, that, by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or a court of record on application, and notice to the person from whom the appeal was taken.

4.

Time limit on permits. No order permitting the use of a building or premises, or the alteration or erection of a building, shall be valid for a period longer than sixty (60), days, unless such use is established or the erection or alteration is started within such period, and proceeds to completion in accordance with the terms of a building permit.

5.

Appeals from Board of Zoning Adjustment. Any person or persons, or any board, taxpayer, department, board or bureau of the City aggrieved by any decision of the Board of Zoning Adjustment may seek review by a court of record of such decision, in the manner, provided by Arkansas law.

(Ord. No. 2007-13, Sec. 10)