The zoning board of adjustment, also referred to in this title as "the board," shall be appointed by the mayor, with the consent of the city council, and shall consist of five members, two of which shall be members of the planning and zoning commission and three of which shall be members from the community. Each member shall be appointed for a term of three years. The board shall be organized according to the laws of the state and all other applicable city ordinances. The board shall have the following powers and duties, all of which shall be exercised subject to the laws of the state and all other applicable city ordinances, subject to appropriate provisions, conditions and safeguards, and in harmony with the purpose and intent of this title and in accordance with the public interest and the most appropriate development of the neighborhood:

A.

To hear and decide appeals from and review any order, requirement, decision or determination made by an administrative official charged with the enforcement of the regulations established by this title;

B.

To vary or adjust the strict application of any of the requirements of this title in the case of irregular, narrow, shallow, or steep lot or other physical condition applying to a lot or building as a result of which strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the land or building involved. The board may make an adjustment in the strict application of any requirements under this title if the board finds the following criteria as being met:

1.

That the granting of the adjustment will be in harmony with the general purposes and intent of this title, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare, and that no greater than 25 percent of those property owners located within 150 feet of the property seeking the adjustment and receiving notice of the requested variance object to the requested variance; and

2.

That there are special circumstances or conditions, fully described in the findings of the board, applying to the land or buildings for which the adjustment is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to land or buildings in the neighborhood, and have not resulted from any act of the applicant subsequent to the adoption of the ordinance from which this title is derived; or

3.

That, for reasons fully set forth in the findings of the board, the aforesaid circumstances or conditions are such that the strict application of the provisions of this title would deprive the applicant of the reasonable use of such land or building, that the granting of the adjustment is necessary for the reasonable use of the land or building, and that the adjustment, as granted by the board, is a minimum adjustment that will accomplish this purpose.

C.

To grant variances upon request, where, after a showing that an illegal construction or a nonconforming building or use existed for a period of at least five years in violation of local ordinances and the city has not taken any steps toward enforcement of such violations.

(Code 1992, § 17.68.010; Ord. No. 7-1993, § 1(part), 1993; Ord. No. 1-2010, 2010)

State Law reference— Board of adjustments, W.S. 1977, 15-1-605 et seq.

A.

All appeals to the board shall be filed with the secretary of the board by written notice of appeal stating the order or ruling that is being appealed from, and containing a concise statement enumerating all of the grounds for such appeal. The notice of appeal shall be filed within ten days after the order or ruling was made which is being appealed.

B.

All applications to the board for variances shall be filed with the secretary of the board in writing stating specifically the address and the legal description of the property for which such variance is requested, a description of the nature and extent of the variance requested, and the reason why such variance is necessary or desired.

C.

The board shall hold a public hearing on all applications for variances and on all appeals with the following special conditions required:

1.

A notice of said hearing shall be published in a newspaper of general circulation within the city at least seven days prior to the hearing date.

2.

For applications for variances, the board shall mail a written notice of said hearing at least seven days prior to the hearing date to the applicant and to owners of record of property adjacent to the property in question. Failure to mail such notice to every property owner due to clerical omissions shall not affect the validity of any hearing or determination of the board.

3.

For application for variances, the applicant shall be charged a fee to cover the cost of advertising and processing.

4.

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 notice of appeal is filed, that a stay would, in his opinion, cause imminent peril to life or property in which case, proceedings shall not be stayed otherwise than by a restraining order granted by the district court.

(Code 1992, § 17.68.020)