A board of adjustment, hereinafter referred to as the board, is hereby created.

(Ord. No. 1986-01, § 2, 2-4-86)

The members of the planning commission shall serve as the board of adjustment whose terms shall be concurrent with their terms on the planning commission. Vacancies on the board shall be filled in the same manner prescribed for vacancies on the planning commission. The board shall elect from its membership a chairman and such other officers as it may deem necessary during its first meeting of each calendar year, and adopt such rules as may be necessary for conduct of its business. Members of the board shall not be compensated except as prescribed for members of the planning commission. Members of the board may be removed by council in the same manner prescribed for removal of planning commission members.

(Ord. No. 1986-01, § 2, 2-4-86; Ord. No. 2011-04, § 2, 2-1-11; Ord. No. 2024-04, § 3, 6-18-24)

The board shall have the power, duty and jurisdiction as assigned to it by this chapter and the ordinances of the city which shall include:

(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 by an administrative official or agency based on or made in the enforcement of this chapter.

(b)

To hear and decide appeals wherein there is question on the interpretation of the zone district map or similar questions as they may arise in the administration of this chapter.

(c)

To hear and decide appeals for special exceptions to the provisions of this chapter, such exceptions to be known as variances.

(d)

The board's power and jurisdiction shall not extend to appeals of any matters that are the subject of or related to applications or decisions governed by section 26-22.1.

(Ord. No. 1986-01, § 2, 2-4-86; Ord. No. 2021-21, § 9, 11-1-21)

(a)

Appeals. Appeals to the board may be taken by any person aggrieved by his inability to obtain a building permit, or by the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of this chapter. Appeals may be taken by an officer, department, board or commission of the city affected by the grant or refusal of a building permit or by other decision of an administrative officer or agency based on or made in the course of the administration or enforcement of this chapter. Appeals to the board must be made in writing and filed with the planning director within seven (7) days following the action or decision from which the appeal is taken. In the event the seventh day falls on a Saturday, Sunday or holiday, the next regular business day of the city shall be deemed the seventh day.

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board after the notice of appeal shall have been filed that by reason of facts stated in the certificate, a stay, in his opinion, would cause eminent peril to life and property, in which case, proceedings shall not be stayed.

(b)

Variances. Where by reason of:

(1)

Exceptional narrowness, shallowness or shape of a specific piece of property at the time of enactment of this chapter; or

(2)

Exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property; or

(3)

The fact that the property has been designated as an individual landmark or is located within a designated historic landmark district pursuant to Chapter 47, and the historic preservation board has found that conformance with this chapter would have a significant adverse impact upon the historic character of the individual landmark or contributing building of the historic district, the strict application of any regulation of this chapter would result in peculiar and exceptional practical difficulties to, exceptional and undue hardship upon the owner of such property, or have a significant adverse impact upon the historic character of an individual landmark or contributing building of the historic district, the board may authorize a variance from such strict application so as to relieve such difficulties or hardship, or preserve the historical character, provided however, that:

a.

The variance granted is the minimum necessary to alleviate such practical difficulties or undue hardship upon the owner of the property, or to avoid or mitigate the adverse impacts upon the historic character;

b.

Such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the general plan of this chapter;

c.

The circumstances found to constitute a hardship were not created by the appellant, are not due to or the result of general conditions in the district and cannot be practically corrected;

d.

The variance shall not permit a use that is prohibited or otherwise alter or affect the regulations of uses on the property; and

e.

No variance shall be granted for a telecommunication facility that exceeds the height limitations set forth in section 26-22.5. An applicant for such a facility shall apply for approval under section 26-22.5-8 in lieu of a height variance.

The grant of any variance shall not constitute or be construed as precedence, ground or cause for any other variance.

(Ord. No. 1986-01, § 2, 2-4-86; Ord. No. 1998-29, § 31, 8-18-98; Ord. No. 2000-25, § 6, 9-5-00; Ord. No. 2008-09, § 1, 3-4-08; Ord. No. 2011-33, § 14, 9-20-11; Ord. No. 2019-06, § 3, 2-19-19)

Application shall be made in accordance with the provisions of section 26-17 as applicable. Applications shall be received no later than thirty (30) days prior to the board meeting at which the appeal or variance is to be heard.

(Ord. No. 1986-01, § 2, 2-4-86)

The board shall hold hearings and meetings on a date and hour designated by the board. Five (5) members shall constitute a quorum. All hearings and meetings of the board shall be open to the public and shall be governed by the following rules:

(a)

Public notice shall be given of all hearings, which notice shall be pursuant to section 26-16-9.

(b)

Due notice of all hearings shall be given to parties in interest.

(c)

All evidence and testimony shall be presented publicly.

(d)

The proceedings shall be electronically recorded.

(Ord. No. 1986-01, § 2, 2-4-86; Ord. No. 1998-29, § 32, 8-18-98; Ord. No. 2024-04, § 4, 6-18-24)

For all applications for variance or appeal, the fee shall be as set by city council by resolution.

(Ord. No. 1986-01, § 2, 2-4-86)

The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official or agency or to grant any variance. Any decision of the board shall be subject to review by the municipal court in accordance with its judicial appeals procedure.

(Ord. No. 1986-01, § 2, 2-4-86; Ord. No. 2004-21, § 2, 11-16-04; Ord. No. 2024-04, § 4, 6-18-24)