Oak City City Zoning Code
BOARD OF
ADJUSTMENT
§ 155.055 MEMBERSHIP; APPOINTMENT; TERM; REMOVAL AND VACANCIES.
The Board of Adjustment shall consist of five members, each to be appointed by the Mayor with the advise and consent of the Town Council for the term of five years; provided that, the term of one member shall expire each year. Any member may be removed for cause by the appointing authority upon written charges and after public hearing, if such public hearing is requested. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. One member, but not more than one, of the Planning Commission shall be a member of the Board of Adjustment.
(Prior Code, § 10-3-1) (Ord. 2001-02, passed 10-3-2001)
§ 155.056 OFFICERS.
The Board of Adjustment shall elect a Chairperson and a Chairperson pro tempore from among its members, who shall serve for a term of one year.
(Prior Code, § 10-3-2) (Ord. 2001-02, passed 10-3-2001)
§ 155.057 POWERS AND DUTIES.
The Board of Adjustment shall have the following powers:
(A) Appeals. To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the Administrative Official in the enforcement of this chapter or of any ordinance adopted pursuant thereto;
(B) Exceptions. To hear and decide special exceptions to the terms of this chapter upon which such board is required to pass under the provisions of this chapter; and
(C) Variances. To authorize upon appeal such variance from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this chapter will result in unnecessary hardship; provided, that the spirit of this chapter shall be observed and substantial justice done. Before any variance may be authorized, however, it shall be shown that:
(1) The variance will not substantially adversely affect the general plan or this chapter and that adherence to the strict letter of this chapter will cause difficulties and hardships, the imposition of which upon the petitioner is unnecessary in order to carry out the general purpose of the General Plan;
(2) Special circumstances are attached to the property covered by the application which do not generally apply to other property in the same district; and
(3) That because of said special circumstances, property covered by application is deprived of privileges possessed by other properties in the same district; and that the granting of the variance is essential to the enjoyment of a substantial property right that is possessed by other property in the same district.
(Prior Code, § 10-3-3) (Ord. 2001-02, passed 10-3-2001)
§ 155.058 MEETINGS.
Meetings of the Board of Adjustment shall be held at the call of the Chairperson, and at such other times as the Board may determine. The Chairperson may administer oaths and compel the attendance of witnesses. All meetings of the Board of Adjustment shall be open to the public. Notice of Board of Adjustment meetings shall be mailed to all property owners appearing on the latest ownership plat in the County Records Office within a 300-foot radius of any property for which an action of the Board of Adjustment is being requested. It shall be the responsibility of the applicant for such action to provide the stamped, addressed envelopes necessary to provide such notice.
(Prior Code, § 10-3-4) (Ord. 2001-02, passed 10-3-2001)
§ 155.059 MINUTES.
The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member on each question, or if absent or failure to vote, indicating such fact and shall keep records of its examinations and other official actions, all of which shall be filed with the Town Clerk and shall be public record.
(Prior Code, § 10-3-5) (Ord. 2001-02, passed 10-3-2001)
§ 155.060 QUORUM.
A quorum shall be considered three members of the Board of Adjustment, and no evidence shall be presented to the Board unless a quorum is present.
(Prior Code, § 10-3-6) (Ord. 2001-02, passed 10-3-2001)
§ 155.061 ACTION TAKEN.
Approval or disapproval, rejection or modified approval of an application shall be based upon findings which shall be made a part of the official record.
(Prior Code, § 10-3-7) (Ord. 2001-02, passed 10-3-2001)
§ 155.062 VOTE NECESSARY FOR REVERSAL.
The concurring vote of three members of the Board of Adjustment shall be necessary to reverse any order, requirement or determination of any such Administrative Official, or to decide in favor of the appellant on any matter upon which it is required to pass under this chapter, or to effect any variation in the provisions of this chapter.
(Prior Code, § 10-3-8) (Ord. 2001-02, passed 10-3-2001)
§ 155.063 APPEALS TO BOARD.
Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department or board of the town affected by any decision of the administrative officer. Such appeal shall be taken within 15 days as provided by the rules of the Board by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken.
(Prior Code, § 10-3-9) (Ord. 2001-02, passed 10-3-2001)
§ 155.064 STAY OF PROCEEDINGS PENDING APPEAL.
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 of Adjustment after the notice of appeal is filed with him or her, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application, on notice to the Administrative Official from whom the appeal is taken and on due cause shown.
(Prior Code, § 10-3-10) (Ord. 2001-02, passed 10-3-2001)
§ 155.065 DECISION ON APPEAL.
In exercising the above mentioned powers, the Board of Adjustment may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and, to that end, shall have all the powers of the officer from whom the appeal is taken.
(Prior Code, § 10-3-11) (Ord. 2001-02, passed 10-3-2001)
§ 155.066 RULES.
The Board of Adjustment shall adopt rules for the regulation of its procedure and the conduct of its duties not inconsistent with the provisions of this chapter or of the state law. Such rules, to become effective, shall be first approved by the Town Council.
(Prior Code, § 10-3-12) (Ord. 2001-02, passed 10-3-2001)
§ 155.067 JUDICIAL REVIEW OF BOARD’S DECISION.
The town or any person aggrieved by any decision of the Board of Adjustment may have and maintain a plenary action for relief therefrom in any court of competent jurisdiction; provided, petition for such relief is presented to the court within 30 days after the filing of such decision in the office of the Board.
(Prior Code, § 10-3-13) (Ord. 2001-02, passed 10-3-2001)