A board of adjustment is established. The word “board” when used in this title shall mean the board of adjustment. (Ord. 1000 § A(part), 1995).

The board shall consist of five members, all of whom shall serve without salary. The board members shall be appointed by the mayor with consent of the council and shall consist of citizens having an understanding of the benefits of zoning to the municipality. In case any vacancy should occur in the membership of the board, for any cause, the mayor shall fill such vacancy by making an appointment with the consent of the council. The members of the board may be removed by the mayor, subject to the approval of the council, for such causes as he shall deem sufficient, which shall be set forth in a letter filed with the council. The initial membership shall consist of one member appointed for one year, one for two years, one for three years, and two for four years, and each appointment thereafter will be for four years. (Ord. 1000 § A(part), 1995).

Meetings of the board shall be held at least once each month, for not less than six months of each year, and at such other times as the chairman of the board may determine. There shall be a fixed place of meeting, and all regular board meetings shall be open to the public.
Notice of said meeting shall be given at least ten days in advance of the meeting date. The owner of the property for which the adjustment is sought shall notify all property owners within three hundred feet of the property. Notification shall be by certified mail or registered mail, and satisfactory evidence of such notice must be provided prior to the hearing date. The board shall adopt its own rules or procedures and keep a record of its proceedings, findings and action in each case, and the vote of each member on each question considered in the proceedings. The presence of three members shall be necessary to constitute a quorum. (Ord. 1000 § A(part), 1995).

Any interested or aggrieved person, or any officer, official of any department, board or commission of the city, jointly or severally, may be the appellant, and may make a request to the board for a special exception for relief from bulk provision of the zoning ordinance or any determination of the building inspector in the application of the provision of the zoning ordinance to the appellant’s land and/or structure; provided, however, that a variance shall not be granted in favor of any property which has previously had a boundary line adjustment. The appellant shall appear at the public hearing, at the time and place fixed by the board, in person, by agent or by attorney. (Ord. 1000 § A(part), 1995).

Any interested or aggrieved person or persons, jointly or severally, and any officer or official of any department, board or commission of the city, jointly or severally, may support or oppose, by petition or letter, any applicant’s request for a special exception or variance. The petition or letter shall specify the reasons for supporting or opposing the appellant’s request, and shall contain the signature and description of the land of each property owner signing the petition or letter. The petition or letter shall be submitted to the board at or by the time designated in its rules or procedure. (Ord. 1000 § A(part), 1995).

The board may by motion initiate a review of the building inspector’s interpretation of the provisions of the zoning ordinance upon a vote by a majority of the members if those present constitute a quorum. It also shall review any interpretation of the provision of the zoning ordinance made by the building inspector and any order, requirement, decision or determination relating thereto, upon receipt of any application or petition requesting a review of any application or petition requesting a review of the interpretation, and it shall hear and decide all applications for special exceptions and variances. (Ord. 1000 § A(part), 1995).

See Chapters 17.05, 17.07 and 17.09 of this code. (Ord. 1002 § 42, 1996: Ord. 1000 § A(part), 1995).

A request to the board for any special exception stays all proceedings, in furtherance of the action from which the request for a special exception was taken, unless the building inspector from whom the request for a special exception is taken, certifies to the board after the notice of a request for a special exception shall have been filed with him that by reason of facts stated in the certification, a stay would, in his opinion, cause imminent peril to life or property, in which case such action shall not be stayed otherwise than by a restraining order which may be issued by the Superior Court. The decision of the board on the request for a stay shall be transmitted to the building inspector. (Ord. 1000 § A(part), 1995).

Where there are unnecessary hardships and practical difficulties which render it difficult to carry out the provision of the zoning ordinance, the board shall have power, in passing upon requests therefor, to grant a variance in harmony with the general purpose and intent of the provisions contained in this title, and such variances may vary any rules, regulations or provisions of the zoning ordinance relating to the use of land and/or structures and any construction, structural or equipment changes, or alteration of structures relating to the zoning ordinance, so that the spirit of the ordinance will be observed; public safety secured; and substantial justice done. However, the board shall not vary any of the rules, regulations or provisions of the ordinance codified in this title unless it shall find that all of the following conditions exist in each case of a request for a variance from the provisions of this title:
A. The variance shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the property on behalf of which the application is located;
B. That such variance is necessary, because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property, to provide it with rights and privileges permitted to other properties in the vicinity and zone in which the subject property is located;
C. That the granting of such a variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located. (Ord. 1000 § A(part), 1995).

The board’s findings shall include a report, in which a comparison is made of the appellant’s request for a variance in harmony with the provisions of the zoning ordinance, and of the present land utilization pattern within the neighborhood area of the appellant’s land. Such report may contain other pertinent information regarding any existing or preexisting conditions relating to topography, geology, utilization, and such conditions set forth by the official plans, development plans, and the comprehensive plans, as may be included in the board’s findings. The board’s findings shall include all of the relevant facts which support and oppose the contention of the appellant. (Ord. 1000 § A(part), 1995).

The decision of the board granting or denying a special exception and/or variance, shall not become final until the expiration of five days from the date of entry of such decision in the official records of the board, unless the board shall find that the making of the decision effective immediately is necessary for the preservation of property or personal rights, and shall so certify on the record; and if a building permit and/or occupancy permit is not obtained by the appellant within one year from the date of the board’s decision, the board’s decision shall cease to be effective. The decision of the board shall be final, subject to review by the Superior Court. (Ord. 1000 § A(part), 1995).