The board of adjustment is hereby established. The word "board," when used in this chapter, shall be construed to mean the board of adjustment.

(Code 1962, § 25-7-101; Ord. No. 424-1973, § 1; Code 1977, § 17.48.010)

The board of adjustment shall consist of six members who shall be appointed by the city council. None of the members may be current members of the city planning commission. Members shall be residents of the city at the time of their appointment and at all times while serving on the board.

(Code 1977, § 17.48.020; Ord. No. 779-1983, § 2; Ord. No. 1096-1993, § 1)

A.

Appointments to the board of adjustment shall be for a period of three years, except that, when vacancies occur prior to the expiration of a regular term, they shall be filled in the same manner as regular appointments but shall serve only until the expiration of the term in which the vacancy occurred.

B.

In addition to the regular members of the board of adjustment, the city council may appoint one associate member for a three-year term. In the event that any regular member of the board of adjustment is temporarily unable to act owing to absence from the city, illness, interest in a case before the board of adjustment, or any other cause, the absent member's place may be taken during such time by the associate member who shall have all the powers of a regular member while serving in the place of a regular member except that the associate member shall not serve as the chair or vice-chair of the board of adjustment.

(Code 1962, § 25-7-101(B); Ord. No. 424-1973, § 1; Ord. No. 485-1976, § 26; Code 1977, § 17.48.030; Ord. No. 1096-1993, § 2; Ord. No. 1491-2006, § 1, 5-16-2006)

Members of the board of adjustment shall elect from their members by majority vote a chair and vice-chair to serve for terms of one-year.

(Code 1977, § 17.48.040; Ord. No. 779-1983, § 2; Ord. No. 1491-2006, § 2, 5-16-2006)

The city council shall have the power to remove any member from the board of adjustment for cause after a public hearing.

(Code 1977, § 17.48.050; Ord. No. 779-1983, § 2)

When fewer than six members of the board are in attendance at a meeting or voting, the concurring vote of four members of the board of adjustment shall be required to approve variances and to overturn any order, requirement, decision, or determination made by the zoning administrator presented to such board. When six members of the board are in attendance at a meeting and voting, the concurring vote of five members of the board of adjustment shall be required to approve variances and to overturn any order, requirement, decision, or determination made by the zoning administrator presented to such board. Any other matters shall require a majority vote of members present of the board of adjustment.

(Code 1977, § 17.48.060; Ord. No. 779-1983, § 2; Ord. No. 1101-1993, § 1)

The board of adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this title. The meetings shall be held at the call of the chair and at such other times as the board may determine. The chair, or in the chair's absence the vice-chair, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

(Code 1962, § 25-7-102; Ord. No. 424-1973, § 1; Code 1977, § 17.48.070; Ord. No. 1491-2006, § 3, 5-16-2006)

The board of adjustment shall keep minutes of its proceedings showing the vote of each member upon each decision; or, if absent or failing to vote, indicating that. It shall keep records of its examinations and other official actions, all of which shall be a public record and filed immediately in the office of the board.

(Code 1962, § 25-7-102; Ord. No. 424-1973, § 1; Code 1977, § 17.48.080)

Appeals to the board of adjustment concerning any order, requirement, decision or determination made by the zoning administrator charged with the enforcement of this title may be taken by any persons aggrieved who are affected by any decision of the zoning administrator, or by the city manager of the city on behalf of the city. Such appeals must be taken within 30 days of the decision made which is being appealed. Appellant shall file with the zoning administrator and with the board a written notice of appeal specifying the grounds for such appeal and a filing fee in the amount set by the city manager in accordance with section 17.04.080. The zoning administrator shall immediately transmit to the board all papers constituting a record of action upon which the appeal was taken. The board of adjustment shall fix a reasonable time for the hearing of the appeal and give public notice by publication at least ten days prior to the hearing on the appeal. Within the same notice period, the planning division shall cause to be sent via first class mail notice to property owners within 500 feet of the property on which the decision was made.

(Code 1977, § 17.48.090; Ord. No. 779-1983, § 2; Ord. No. 1291-1998, § 11, 1-19-1999; Ord. No. 1837-2022, § 9, 8-16-2022)

An appeal stays all proceedings and furtherance of the action appealed unless the officer from whom the appeal was taken certifies to the board, after the notice of appeal which was filed with him, that by reason of fact stated in the certificate the stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, other than by a restraining order which may be granted by the board or by a court of record on application, on notice to the officer from whom the appeal was taken, and on due cause shown.

(Code 1962, § 25-7-104; Ord. No. 424-1973, § 1; Code 1977, § 17.48.100)

The board shall have the power to:

A.

Hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or determination made by an administrative official based on or made in the enforcement of this title;

B.

Hear and decide, grant or deny applications for variances from the provisions of this title. In granting any variance, the board may attach such reasonable conditions and safeguards as it deems necessary to implement the purposes of this title. The board may grant a variance only if it makes findings that all of the following requirements, insofar as applicable, have been satisfied:

1.

That there are unique physical circumstances or conditions such as irregularity, narrowness or shallowness of lot, or exceptional topographical or other physical conditions peculiar to the affected property;

2.

That the unusual circumstances or conditions do not exist throughout the neighborhood or district in which the property is located;

3.

That because of such physical circumstances or conditions, the property cannot reasonably be developed in conformity with the provisions of this title;

4.

That such unnecessary hardship has not been created by the applicant;

5.

That the variance, if granted, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property;

6.

That the variance, if granted, is a minimum variance that will afford relief and is the least modification possible of the provisions of this title which are in question;

C.

For each application for variance from the provisions of this title, the board of adjustment shall fix a reasonable time for the hearing on the application, give public notice by publication of a notice and posting of the property consistent with section 17.04.070 at least 15 days prior to the hearing on the application, and cause notice to be provided by mail to property owners within 500 feet of the property for which the application has been made at least 15 days prior to the hearing.

D.

Hear and decide such other matters as the city council may prescribe by ordinance; and

E.

Hear and decide whether a specific use is expressly permitted in a use group as specified in section 17.12.030.

(Code 1962, § 25-7-105; Ord. No. 424-1973, § 1; Code 1977, § 17.48.110; Ord. No. 1491-2006, § 4, 5-16-2006; Ord. No. 1647-2013, § 4, 12-3-2013; Ord. No. 1837-2022, § 10, 8-16-2022)