The Board of Adjustment shall have the power to consider appeals of administrative decisions of the City zoning ordinance and grant Variances from this chapter pursuant to the criteria and procedure of the Code. The Board of Adjustment shall follow the procedure and criteria of the Council set forth herein.

(Code 1968, § 25-134; Ord. No. 613, § 2(4.25.000))

The Board shall consist of six members. Until otherwise provided, the members shall serve without compensation. Each member shall serve for three years; provided, however, that of the first appointed Board one member shall serve for one year, one member shall serve for two years, and one member for three years. Vacancies shall be filled for unexpired terms in the same manner as in the case of original appointments. The Council may dismiss a Board member for cause by a two-thirds vote.

(Code 1968, § 25-135; Ord. No. 613, § 2(4.25.010))

(a)

The Board shall, at its first regular meeting of each year, select a chairperson, a vice-chairperson, and a secretary. The secretary may or may not be a member of the Board.

(b)

The chairperson shall preside at meetings and shall perform all duties usual and ordinary for the presiding office of any board or group. The vice-chairperson shall perform the duties of the chairperson in the absence of the chairperson. The secretary shall keep full and complete minutes and records of all meetings and shall have custody of all the records and shall generally perform all of the duties usually performed by the secretary of any board or group.

(Code 1968, § 25-136; Ord. No. 613, § 2(4.25.020))

(a)

The Board of Adjustment shall meet at the call of the chairperson, by his request or by the request of the Code Enforcement Officer, or by a party wishing to appeal the decision of the same.

(b)

The Board of Adjustment shall adopt any rules necessary to transact the Board's business or to expedite its functions or powers so long as they are not inconsistent with the provisions of this chapter.

(c)

The Board of Adjustment shall vote upon the granting of any adjustment to requirements of the zoning ordinance, which vote must require the concurrence of the members of the Board in order to revise an order of the Code Enforcement Officer.

(d)

The Board of Adjustment shall keep minutes of the proceedings of each meeting, which shall be filed in the Office of the City Clerk, who may designate the Code Enforcement Officer to keep such files, and which shall be of public record.

(e)

The Board of Adjustment shall permit the public to attend and to be heard at all of its meetings.

(f)

The Board of Adjustment shall notify, in writing, the Code Enforcement Officer and the owner involved, of all decisions made, resolutions passed, hearings scheduled, or permits authorized.

(Code 1968, § 25-137; Ord. No. 613, § 2(4.25.030))

The Board shall hold a public hearing on all appeals of adverse administrative decisions after providing notice in an official paper or newspaper of general circulation in not less than one issue to be published at least one week in advance of the regular or special meeting of the Board of Adjustment at which the appeal is to be considered. The notice shall specify the meeting agenda and location of the parcel of land which shall be subject of the hearing. The Board of Adjustment shall decide the appeal within 60 days of the date of the submission of the appeal.

(Code 1968, § 25-138; Ord. No. 613, § 2(4.25.040))

A written notice of such hearing shall be sent to adjacent property owners at least 15 days prior to the hearing. In the event that adjacent property is held in common ownership, the notice shall be sent to the appropriate homeowners of the condominium association. The appellant shall supply the names of adjacent property owners at the time of filing the application.

(Code 1968, § 25-139; Ord. No. 613, § 2(4.25.050))

A fee in an amount established by resolution shall be charged for each appeal to cover administrative costs of processing. The appellant shall also be required to reimburse the cost of any published notices required in consideration of this appeal under the provisions hereof.

(Code 1968, § 25-140; Ord. No. 613, § 2(4.25.060))

The Board shall have the power to interpret this chapter, including any uncertainty as to boundary, location, or meaning or wording, so long as this interpretation is not contrary to the purposes and intent of this chapter.

(Code 1968, § 25-141; Ord. No. 613, § 2(4.25.070))

The Board of Adjustment shall have the power to grant Variances from the provisions of this chapter, but only where all of the following conditions are found to exist:

(1)

The Variance would not authorize any Use other than Uses enumerated as a permitted Use or an approved Special Review Use in the district where the Variance is sought;

(2)

That an unnecessary hardship to the owner could be shown to occur if the provisions of this chapter were literally followed;

(3)

That the circumstances found to constitute a hardship either were not created by the owner or were in existence at the time of the passage of the ordinance from which this chapter is derived or are the result of general conditions of the district and cannot be reasonably corrected; and

(4)

That the Variance would not be out of harmony with the intent and purpose of this chapter and the master plan.

(Code 1968, § 25-142; Ord. No. 613, § 2(4.25.080))

Any further appeal from the decision of the Board may be made to the court, as provided by law; provided, however, that such appeal is made prior to 30 days following the date of the notification of the Board's decision.

(Code 1968, § 25-143; Ord. No. 613, § 2(4.25.090))