A.

Creation, composition, terms of members, vacancies, compensation of members.

1.

There is created a zoning board of adjustment to be known as the city zoning board of adjustment.

2.

The city zoning board of adjustment shall be composed of a total of seven members who shall be residents and taxpayers of the city.

3.

The members of the board shall be appointed by the mayor subject to the approval of the city council; provided, however, that the council of the city shall serve as board of adjustment until such time as the council shall determine a need for a separate board of adjustment.

a.

These appointments shall be for a period of three years each, with the terms of members staggered so that the terms of not more than three members shall expire in any one year.

b.

The initial appointments shall be for two members with terms for one year; for two members with terms for two years; and three members with terms for three years.

c.

Members shall be appointed for a three-year term thereafter except that appointments shall be made at intervals, thereby extending the length of some initial terms. In the event of death or resignation of a member the vacancy may be filled for the unexpired term. One appointment or re-appointment shall be made each month.

d.

The terms of all members shall extend until their successors are qualified; provided, however, that three successive unexcused or unexplained absences from any regular or special meeting shall be grounds for termination at the will and pleasure of the mayor without necessity of a hearing or notice, and such action shall be final.

4.

All members shall serve without pay. However, members of the board may be reimbursed for actual expenses incurred in connection with their duties upon authorization or ratification by the board and approval of such expenditures by the council.

B.

Selection of officers; meetings and rules.

1.

The board shall elect a chairperson and a vice-chairperson from among its own members, who shall serve for one year until their successors are elected and qualified.

2.

The chairperson shall preside at all meetings and exercise all the usual rights, duties, and the prerogatives of the head of any similar organization.

3.

The chairperson shall have the power to administer oaths and to take evidence.

4.

The vice-chairperson shall perform the duties of the chairperson in the latter's absence or disability.

5.

Vacancies created by any cause shall be filled for the unexpired term by a new election.

6.

The board of adjustment shall keep minutes of its proceedings showing the vote of each member upon every question, or records of its hearings and other official actions. All board meetings shall be open to the public and minutes of the board's meetings shall be filed in the office of the board as a public record.

(Code 1999, § 17.88.010; Ord. No. 96-347, § 1(11-23-1); Ord. No. 13-004, 4-8-2013)

The board of adjustment shall have only the powers and duties described by this title, which are:

A.

Interpret upon appeal the terms of this title when the meaning of any word, phrase or regulation is in doubt, when there is a dispute between the appellant and the zoning administrator or when the location of a zoning district boundary is in doubt;

B.

Allow upon application a variance when by reason of any peculiar situation, surroundings or conditions of a specific property, or by reason of narrowness, shallowness or shape of a specific lot, or by reason of unusual topographical conditions, the strict application of any regulation of this title would result in unnecessary hardship upon the owner of such property, provided such variance can be granted without detriment to the public good and without impairing the purpose of this title.

(Code 1999, § 17.88.020; Ord. No. 96-347, § 1(11-23-2))

A.

An appeal to the board of adjustment concerning interpretation or administration of this title may be taken when any person is aggrieved by an officer, or a department of the city affected by a decision of an administrative official.

B.

The appeal must be filed within 60 days with the board of adjustment specifying the grounds of the appeal.

C.

The officer from whom the appeal is taken shall transmit to the board of adjustment all papers constituting the record upon which the action was taken.

D.

The appeal stays all proceedings in the matter appealed, unless the officer from whom the appeal is taken certifies to the board of adjustment that, by reason of the facts stated in the certificate, a stay would in his or her opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed, except by a restraining order granted by the board or by a court of record on application and notice to the officer from whom the appeal is taken.

E.

The board shall fix a time for hearing the appeal and give notice to the interested parties and to the public as required by this title.

F.

The concurring vote of a majority of the board of adjustment shall be necessary to review any decision of any administrative official of the city, or to decide in favor of the applicant on any matter or to affect any variation from the conditions of this title.

G.

The city attorney, or his designated representative, shall be the legal counsel for the board of adjustment.

H.

Appeal of a decision made by the board of adjustment. A person aggrieved by a decision of the board of adjustment may, at any time within 30 days of the decision, appeal to the superior court.

(Code 1999, § 17.88.030; Ord. No. 96-347, § 1(11-23-3))

A.

Application for any variance to the regulations of this title shall be made to the board of adjustment. Applications shall be made on forms prescribed by the board of adjustment, shall be filed with the zoning administrator, and shall be accompanied by:

1.

Accurate plot plans and description of the property involved, description of the proposed use, preliminary floor plans and an estimate of the valuation of the proposed construction;

2.

Evidence satisfactory to the board of adjustment of the ability and intention of the applicant to proceed with actual construction work within 120 days after allowing any variance;

3.

Reasons for requesting the variance.

B.

The board may prescribe conditions as it may deem necessary to fully carry out the provisions and intent of this title. Such conditions applying to a variance may include, among other things, a time limitation for which the variance shall be valid. Violation of any condition shall render the variance null and void.

C.

A variance shall not be authorized unless the board of adjustment shall find sufficient evidence that:

1.

Having to adhere strictly to the letter of this title will cause difficulties and hardships upon the petitioner which are unnecessary in order to carry out the purposes of this title;

2.

Special circumstances are attached to the property covered by the same application that do not apply to other properties in the same zone;

3.

Because of said special circumstances, property covered by the application is deprived of privileges possessed by other properties in the same zone and that the granting of the variance is essential to the enjoyment of property possessed by the other properties in the same zone;

4.

The difficulties and hardships were not created by any act of the appellant subsequent to the effective date of the regulation appealed from.

(Code 1999, § 17.88.040; Ord. No. 96-347, § 1(11-23-4))

A.

Appeals. Upon receipt of appeals concerning interpretation or administration of this title, the board of adjustment shall hold a public hearing after giving at least 15 days' public notice.

B.

Variance. Upon receipt of applications for a variance to the regulations of this title, the board of adjustment shall hold a public hearing after giving at least 15 days' public notice in advance of the public hearing.

(Code 1999, § 17.88.050; Ord. No. 96-347, § 1(11-23-5))

Any variance granted under the terms of this title shall expire within six months if action is not taken from the date of granting the variance, unless otherwise stipulated.

(Code 1999, § 17.88.060; Ord. No. 96-347, § 1(11-23-6))

A nonrefundable fee schedule shall be established for filing an application for any variance to the regulations of this title. The fee schedule shall be filed in the department's office and shall be a public record.

(Code 1999, § 17.88.070; Ord. No. 96-347, § 1(11-23-7); Ord. No. 13-004, 4-8-2013)