1.

Creation, membership and organization: A board of adjustment is hereby established. The word "board" when used in this ordinance shall be construed to mean the board of adjustment.

The board shall consist of five (5) members appointed by the city council for overlapping terms of three (3) years and be removable for cause by the city council upon written charges and after public hearing. Vacancies shall be filled for the unexpired term in the same manner as the initial appointment. None of the members shall hold any other public office or position in the city, except that one member may be also a member of the municipal planning board.

The board shall elect one (1) of its members as chairman, who shall serve for one (1) year or until he is re-elected or his successor is elected. The board shall appoint a secretary who may be an officer of the city council or of the municipal planning board.

2.

Rules, meetings and records: The board shall adopt rules in accordance with the provisions of this ordinance.

Meetings of the board shall be held at the call of the chairman, or in his absence the acting 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 by subpoena. 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.

3.

Appeals: Appeals to the board maybe taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of the building inspector, code enforcement officer or planning director. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the building inspector, code enforcement officer, planning director and with the board a notice of appeal specifying the ground thereof. The building inspector, code enforcement officer or planning director shall forthwith transmit to the board all of the papers constituting the record upon which the action appealed from was taken. Each appeal shall be accompanied by a fee, as determined by the city council and listed in the schedule of fees maintained in the city clerk's office, to defray the cost of processing such appeal, said fee to be paid to the City Clerk of West Point.

4.

Stay of proceedings: An appeal stays all legal proceedings in furtherance of the action appealed from, unless the building inspector, code enforcement officer, or planning director certifies to the board that the 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 and property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application, on notice to the building inspector, code enforcement officer or planning director and on due cause shown.

5.

Hearing on appeal: The board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and give public notice thereof, as well as due notice to the parties in interest and decide the same within a reasonable time (not to exceed sixty (60) days). Upon the hearing, any party may appear in person or by agent or by attorney.

6.

Powers of the board: The board of adjustment shall have the following powers:

(a)

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

(b)

To hear and decide special exceptions to the terms of this ordinance upon which the board is required to pass under this ordinance. Such special exceptions shall include and be limited to the following:

(1)

Permit the extension of a district where the boundary line of a district divides a lot or tract held in a single ownership at the time of the passage of this ordinance.

(2)

Interpret the provisions of this ordinance where the street layout, actually on the ground, varies from the street layout as shown on the "Official Zoning Plan Map of the City of West Point."

(3)

Permit the reconstruction of a non-conforming building which has been destroyed, or partially destroyed by fire or act of God, where the board shall find some compelling public necessity requiring a continuance of the non-conforming use.

(4)

Permit the erection and use of a building or the use of premises in any location for a public service corporation for public utility purposes which the board finds reasonably necessary for the public convenience or welfare.

(c)

To authorize upon appeal in specific cases such variance from the terms of this ordinance 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 ordinance shall be observed, public safety and welfare secured, and substantial justice done. Such variance maybe granted in such individual case of unnecessary hardship upon a finding by the board that:

(1)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography, and the application of this ordinance to this particular piece of property would create an unnecessary hardship, and such conditions are peculiar to the particular piece of property involved, and relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of this ordinance, provided, however, that no variance may be granted for a use of land or building or structure that is prohibited by this ordinance.

(2)

The authorization of the variance will not impair an adequate supply of light and air to adjacent property, or materially increase the congestion in public streets, or increase the public danger of fire and safety, or materially diminish or impair established property values within the surrounding area or in any other respect impair the public health, safety, morals, and general welfare of the inhabitants of the City of West Point.

7.

Modification of decisions appealed from: In exercising the above mentioned powers, the board by the concurring vote of four (4) members may 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 building inspector, code enforcement officer or planning director and may issue or direct the issuance of a permit.

8.

Appeals from action of the board: Any person or persons, jointly or severally, aggrieved by any decision of the board, or any taxpayer, or any officer, department, board or bureau of the governing body of the City of West Point, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the board, otherwise the decision of the board will be final.

(Ord. No. 2007-10, 3-12-07)