In compliance with Article V of the Charter, a board of adjustment is established. The board of adjustment shall consist of five members appointed by city council. Members of the board shall be appointed for a three-year term, except initial terms may be for a lesser number of years to achieve overlapping terms. No member of the board of adjustment shall be a member of any other city board, commission, or city council. (Ord. 314-1984 § 2, 1984)

At least two alternate members shall be appointed to the board in the manner, for the term, and with the qualifications, described in Section 18.51.010. In the absence of a member, the chairman of the board shall designate at the commencement of the meeting an alternate member to serve as, and fulfill the responsibility of, the member during his absence. Once so designated the alternate member shall not be replaced by a returning member other than at the commencement of an individual item. (Ord. 314-1984 § 3, 1984)

All members and alternate members of the board shall serve without compensation. (Ord. 12-1973 § 2(part), 1973: Ord. 46-1969 § 801.2, 1969)

A member or alternate member of the board, once qualified, shall be removed during his term of office for just cause and upon two-thirds majority vote of the city council. Unexcused absence by regular members from three consecutive meetings shall be deemed just cause. In the event of the death, resignation, or removal of any member or alternate member before the expiration of his term, a successor shall be appointed in the manner described in Section 18.51.010 for the unexpired portion of his term. (Ord. 314-1984 § 4, 1984)

The board shall annually elect its own chairman at the first meeting on or after January 1st. The chairman, or in his absence the acting chairman may administer oaths and compel the attendance of witnesses. There shall be a fixed place of meeting and all meetings shall be open to the public. The presence of four members shall be necessary to constitute a quorum. Unless otherwise provided for in this chapter, the concurring vote of three members shall be necessary on all matters upon which the board is required to pass under the provisions of this title. Any member refusing to vote, except when excused by unanimous consent of the remaining members present, shall be considered delinquent in his duties and an affirmative vote shall be cast and recorded in his name. (Ord. 314-1984 § 5, 1984)

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of the administrative officer or to decide in favor of the applicant on any matter upon which it is required to pass under this title, or to effect any variation of this title. (Ord. 12-1973 § 2(part), 1973: Ord. 46-1969 § 802.1(b), 1969)

The board shall have the power to call on the city manager and city attorney for assistance in the performance of its duties, and it shall be the duty of such officer to render assistance as may be reasonably required. (Ord. 314-1984 § 6, 1984)

(Ord. No. 1356, § 1, 11-21-2019)

The city clerk, or official designee, shall serve as secretary to the board. In the absence of the secretary, the chairman of the board may appoint one of the members of the board to act as secretary pro-tem for the meeting. The secretary of the board shall keep minutes of its proceedings, showing the vote of each member upon each question. If a member is absent or fails to vote, the minutes shall indicate such fact. The secretary of the board shall keep records of the board's meetings and all other official actions, which shall be on file in the office of the city clerk as a public record. (Ord. 314-1984 § 7, 1984)

The board may adopt rules of procedure consistent with applicable ordinances and Charter provisions. (Ord. 314-1984 § 8, 1984)

Any member of the board who has a direct or indirect interest, other than the common public interest, in any property or in the decision relating to such property, which shall be the subject matter of, or affected by, a decision of the board, shall notify the chairman in advance of any discussion of the agenda item, and shall be disqualified from participating in the discussion, decision, or proceedings of the board in connection therewith. An alternate member shall be appointed by the chairman of the board of adjustment to serve in place of that regular member having a conflict of interest, for only the purpose and time of resolving the question in which the conflict of interest for that regular member exists. (Ord. 314-1984 § 9, 1984)

Before the board shall hear and decide an appeal or a variance, it shall hold a public hearing. At the hearing, any party may appear in person or by agent or by attorney. (Ord. 12-1973 § 2(part), 1973: Ord. 46-1969 § 802.4(a), 1969)

(Ord. No. 1356, § 1, 11-21-2019)

Notice of the public hearing shall be sent to the adjacent property owners at least ten days prior to public hearing for board of adjustment. A sign shall be posted on the property in accordance with Section 18.72.060. Notice of a public hearing shall be given by publication in the official city newspaper at least seven days prior to the hearing. The notice shall contain:

A.

Legal description of the property and its street address or approximate location;

B.

Present zoning classification of the property and the nature of the variance requested;

C.

Date, time and place of hearing. (Ord. 12-1973 § 2(part), 1973: Ord. 46-1969 § 802.2(b), 1969)

(Ord. No. 1170-2012, § 10, 1-3-2013)

In exercising its powers, the board may, in conformity with the provisions of this chapter and pertinent statutes, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from, and shall make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. The board shall decide appeals and applications within forty-five days after submission of the written appeal or request to the administrative officer. (Ord. 12-1973 § 2(part), 1973: Ord. 46-1969 § 802.3, 1969)

The board of adjustment shall have the following powers and duties:

A.

To hear and decide appeals, subject to Chapter 18.54;

B.

To authorize variances from the terms of this title subject to Chapter 18.60;

C.

Such other powers and duties as may be provided by statute or by this title. (Ord. 589-1993 § 5, 1993; Ord. 12-1973 § 2(part), 1973: Ord. 46-1969 § 803, 1969)