Generally. A board of adjustment is hereby created. The word "board" used in this section shall be construed to mean the board of adjustment. The board shall consist of five (5) members to be appointed by the city council. The term of each member shall be three (3) years, provided that of the members first appointed, one shall serve for one year, two shall serve for two years, and two shall serve for three years. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. One of the members first appointed shall be named by the city council as chairman, and this member shall serve as chairman for one year. Thereafter, the members of the board shall elect annually from among their number a chairman to serve for a term of one year. The city council shall have the power to remove any member of the board for cause upon written charges and after public hearing.

Meetings. Meetings of the board shall be held at the call of the chairman, and at such other times as the board may determine. The chairman, or in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent, or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

Appeals. Appeals to the board may be taken by any person aggrieved or by any officer, department, board or bureau of the City of Sheridan affected by any decision of the building inspector. Such appeal shall be taken within a reasonable time as provided by the rules of the board by filing with the building inspector and with the board a notice of appeal specifying the grounds thereof. The building inspector shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

An appeal stays all proceedings in furtherance of the action appealed from, unless the building inspector certifies to the board after notice of appeal shall have been filed with him that by reason of facts stated in the certificate 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 for the district, or a judge thereof, on notice to the building inspector, and on due cause shown. The board shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

Jurisdiction. The board shall have the following powers:

1.

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the building inspector in the enforcement of this ordinance.

2.

To hear and decide special exemptions to the terms of this ordinance upon which the board is required to pass. In granting special exemptions, the board shall find the following:

a.

The exemption requested is listed as an allowed special exemption within the zoning district in which the property is located.

b.

The use is consistent with the goals, policies, and recommended future land use of the adopted master plan.

c.

The granting of the exemption is in harmony with the general purposes and intent of the ordinance and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

3.

Interpret the boundaries of districts where the street layout on the ground varies from the street layout shown on the Zoning District Map, in such a way as to carry out the intent and purpose of the map.

4.

To authorize upon appeal in specific cases such variance from the terms of this ordinance and the adopted Sign Ordinance (Chapter 3 Article 11 of the Sheridan City Code) as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this ordinance will result in unnecessary hardship, and so that the spirit of the ordinances shall be observed and substantial justice done, as follows:

a.

Grant in undeveloped sections of the city temporary and conditional permits for not more than two (2) years for any building or use.

b.

Grant permits for temporary buildings or structures for commerce or industry, where such uses are incidental to the residential development.

c.

Permit the extension of a nonconforming building upon the lot occupied by such building at the time of passage of this ordinance.

d.

Permit in any district such modification of the requirements of this ordinance as the board may deem necessary to secure an appropriate development of a lot, when such lot is adjacent to a non-conforming use.

e.

Permit such variation of the area requirements as may be necessary to secure an appropriate improvement of a lot which has such exceptional geographical or topographic conditions that it cannot be appropriately improved without such variation.

f.

Permit the erection and use of a building or the use of land in any district by a public service corporation for public utility purposes which the board determines is reasonably necessary for the public convenience or welfare.

g.

Permit a variation from the requirements of the Sign Ordinance for properties Downtown Business District in cases where strict adherence to the ordinance may damage the façade of a designated historic structure, or building for which a historic façade easement has been granted. In no case shall the board grant a variance allowing a prohibited sign listed in Chapter 3-16 of the Sheridan City Code, nor allow an increase in the allowed sign area. The board may, however, allow variances for the type of sign, and grant the transfer of sign area from one type of sign to another as necessary to preserve the historic character of a building and the Downtown Business District.

h.

Grant a permit wherever it is provided in this ordinance that the approval of the board is required.

i.

Permit a variation of a cemetery ordinance or variation from the Cemetery Policies and Procedures.

In exercising the above-mentioned powers the board may, in conformity with law, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination of the building inspector as ought to be made, and to that end shall have all the powers of the building inspector. The concurring vote of a majority of the board shall be necessary to reverse any order, requirement, decision or determination of the building inspector, or to decide in favor of the appellant on any matter upon which the board is required to pass under this ordinance, or to effect any variance in the requirements of this ordinance.

(Ord. No. 1482, § 1, 2-4-80; Ord. No. 1812, § 1, 5-4-98; Ord. No. 2005, 10-16-06; Ord. No. 2208, § 1, 4-17-20; Ord. No. 2275, 4-15-24)