There is hereby created a board of adjustment consisting of five members to be appointed for three-year terms, with one member to be a member of the planning commission. The members of the board of adjustment that was legally in existence immediately prior to the effective date of the ordinance from which this chapter is derived shall be constituted as members and continue serving their present term as members of the board of adjustment hereby created.

(Code 1983, § 28-111; Ord. No. K-286, § 1(art. IX, § 1), 11-21-1988)

(a)

Officers. A chairperson and vice-chairperson shall be elected annually by the board from among its membership. The chairperson shall preside at all meetings, shall decide all points of order or procedure, and, as necessary, shall administer oath and compel the attendance of witnesses.

(b)

Rules and meetings. The board of adjustment shall adopt rules necessary to the conduct of its affairs and in keeping with the provisions of this zoning chapter. Meetings shall be held on a regular schedule and at such other times as the board may determine. All meetings shall be open to the public. The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or if failing to vote, indicating such fact; it shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the board. A quorum of the board shall consist of three members. The concurring vote of a majority of the total board members shall be necessary to revise any order or decision of the enforcement officer or to decide on any matter upon which it is required to pass under this chapter. The building inspector or his/her representative shall attend each meeting of the board and shall bring with him/her all plans, specifications, plats, and papers relating to any case before the board for determination.

(Code 1983, § 28-112; Ord. No. K-286, § 1(art. IX, § 2), 11-21-1988)

The board of adjustment shall have all the powers and duties prescribed by law and by this chapter, which are more particularly described as follows:

(1)

Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the administrative official in the enforcement of this zoning chapter. The board may affirm or reverse, in whole or in part, said decision of the administrative official.

(2)

Variances. To authorize upon appeal in specific cases such variance from the terms of this zoning chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this zoning chapter would result in unnecessary hardship that would deprive the owner of any reasonable use of the land or building involved. A variance from the terms of this zoning chapter shall not be granted by the board of adjustment unless and until:

a.

The applicant demonstrates that special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structure or buildings in the same district; that literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this zoning chapter; that special conditions and circumstances do not result from the actions of the applicant; and that granting the variance requested will not confer on the applicant any special privilege that is denied by this zoning chapter to other lands, structures, or buildings in the same district.

b.

No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.

c.

The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of land, building or structure.

d.

The board of adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this zoning chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

e.

In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards that it deems necessary or desirable. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this zoning chapter.

f.

Under no circumstances shall the board of adjustment grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this zoning chapter in said district.

(3)

Special exceptions. In addition to the powers and duties specified above, the board shall also have the following powers and duties to hold public hearings and decide the following special exceptions:

a.

Permit the extension of a zoning district boundary where the boundary divides a lot held in a single ownership at the time of adoption of this chapter.

b.

Interpret zoning district boundaries where uncertainty exists as to the boundaries of the zoning districts or when the street or property lines existing on the ground are at variance with those shown on the zoning district map.

c.

Determine the amount of parking required for a use not listed in section 50-208.

d.

Vary the parking regulations by not more than 50 percent where it is conclusively shown that the specific use of a building would make unnecessary the parking spaces otherwise required by this chapter.

e.

Permit a change in use or occupancy of a nonconforming use, provided the use is within the same or more restricted classification as the original nonconforming use, and the proposed use is equally appropriate to the district as the existing nonconforming use.

f.

Permit an addition to a nonconforming structure, provided that said addition conforms to all building code requirements, and further provided that the current use of the structure conforms to the zoning district in which it is located.

g.

Permit reconstruction of a structure containing a nonconforming use that has been more than 60 percent destroyed in accordance with the standards of section 50-229.

(Code 1983, § 28-113; Ord. No. K-286, § 1(art. IX, § 3), 11-21-1988; Ord. No. K-346, § 1, 4-16-1990)

(a)

Application.

(1)

Appeals to the board may be taken by any person aggrieved or by any officer, department, or board of the city affected by any decision of the administrative official. All appeals and applications made to the board shall be made in writing on forms prescribed by the board within 30 days after the decision has been rendered by the administrative official. Every appeal or application shall refer to the specific provision of this Code involved and shall exactly set forth:

a.

The interpretation that is claimed;

b.

The use for which the permit is sought; or

c.

The details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.

(2)

The appeal or application shall be filed with the officer from whom appeal is taken and with the board. The officer from whom appeal is taken shall forthwith transmit to the board all papers constituting the record upon which the action appealed from was taken.

(b)

Public hearing and notice. The board shall fix a reasonable time for the public hearing of an appeal, give public notice of the time and place thereof, as well as due notice to the parties in interest, and decide same within a reasonable time. Said public notice shall be published at least once not less than seven days preceding the date of such hearing in a newspaper of general circulation in the city. The public notice shall give the particular location of the property on which the appeal is requested, as well as a brief statement of what the appeal consists. Public hearings may be adjourned from time to time, and, if the time and place of the adjourned meeting be publicly announced when the adjournment is made, no further notice of such adjourned meeting need be published. At a public hearing any party may appear in person, by agent, or by attorney.

(c)

Effect of appeal. An appeal shall stay all proceedings of the action appealed from, unless the person affected by such appeal certifies to the board, that, by reason of facts stated in the certificate a stay would, in his/her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or a court of record on application, and notice to the person from whom the appeal was taken.

(d)

Time limit on permits. No order permitting the use of a building or premises, or the alteration or erection of a building shall be valid for a period longer than 60 days unless such use is established or the erection or alteration is started within such period and proceeds to completion in accordance with the terms of a building permit.

(e)

Appeals from board of adjustment. Any person, taxpayer, department, board or bureau of the city aggrieved by any decision of the board of adjustment may seek review by a court of record of such decision, in the manner provided by the laws of the state.

(Code 1983, § 28-114; Ord. No. K-286, § 1(art. IX, § 4), 11-21-1988)