(a)

A board of adjustments is established by sections 2-46 through 2-49 and section 2-50 of this Code. The word "board" when used in this article shall be construed to mean the board of adjustments. These Code provisions are incorporated herein by reference and shall control the procedures by which this board shall operate, subject to the specific requirements of chapter 58 of this Code.

(b)

Proceedings.

(1)

The board shall adopt rules necessary to the conduct of its affairs, and in keeping with this article. The board shall elect a chairperson and vice-chairperson from its membership annually. Meetings of the board shall be held at the call of the chairman and at such times as the board may determine.

(2)

The chairperson, or in his or her absence the vice-chairperson, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The city planning and zoning director or their designee shall serve as liaison to this board. The staff liaison shall not be entitled to vote.

(3)

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 public record and be retained in the office of the city clerk.

(4)

Continuances. Requests for continuances and continuances of public hearings before the board of zoning adjustments relating to variance requests will be handled in the following manner:

a.

If after a public hearing has been duly advertised, the applicant requests a continuation or postponement of such public hearing, the board of zoning adjustments may grant the applicant's request for a continuance or tabling for up to six months after the date of the originally advertised public hearing. Further, upon its own motion at a public hearing, the board of zoning adjustments may continue the public hearing for up to six months with the concurrence of the applicant. The board of zoning adjustments has the authority to deny any request for a continuance.

b.

If after an originally scheduled public hearing is continued at the request of the applicant, the applicant does not desire to proceed with the continued public hearing the applicant shall withdraw its application, otherwise the board of zoning adjustments will proceed with the continued public hearing. Thus, the applicant may only receive one continuance of a public hearing at its own request. However, if at a board of zoning adjustments public hearing, the applicant's request for a postponement or continuance is based exclusively and entirely on a lack of all seven members of the board of zoning adjustments being present to consider the matter, the board of zoning adjustments may waive the one applicant requested continuance restriction set forth in this subsection.

c.

If at any time the board of zoning adjustments lacks a quorum to conduct business on the date of an advertised public hearing, the public hearing shall be deemed automatically continued to the date of the next regularly scheduled meeting of the board of zoning adjustments without the need to re-advertise the public hearing, unless it is continued as provided in the next sentence. Further, in the event of a lack of quorum, with unanimous consent of the members of the board of zoning adjustments who are present constituting less than a quorum after a call to order, the public hearing may be continued to special meeting or other regular meeting occurring within 45 days from the date of the originally scheduled public hearing without the need to re-advertise the public hearing.

d.

If a public hearing is continued or postposed to a time that is more than 45 days from the date of the originally advertised public hearing, the continued public hearing date shall be re-advertised in the same manner as was required for the original public hearing date. If the board of zoning adjustments continues a public hearing to a time certain that is to occur within 45 days of the originally noticed public hearing date, the continued public hearing date does not have to be re-advertised except for the public posting of the board of zoning adjustments agenda for which the matter is to be heard.

e.

If re-advertising is required due to a continuance or tabling of a public hearing, the applicant shall pay all costs necessary to cover the advertising and notice costs and other administrative expenses relating to continuing and re-advertising the public hearing. The planning and community development department shall have the authority to establish a fee schedule for costs and expenses relating to continuances or postponement.

f.

The board of zoning adjustments shall have the authority to continue or table any scheduled public hearing with or without the applicant's consent in the event it is determined that: (i) the applicable required advertising or notice of the public hearing was not provided, so that a future public hearing can be scheduled with proper advertising and notice; or (ii) the application is incomplete or there is a lack of relevant information needed to make a decision on the applicant's request.

(Ord. No. 2796-10, § 2, 2-22-10; Ord. No. 2843-11, § 3.c.E, 6-13-11; Memo of 2-22-12(Att. 3.c.E.); Ord. No. 3163-20, § IV, 2-10-20; Ord. No. 3295-24, § 2, 4-24-24)