TITLE 17. ZONINGTITLE 17. ZONING\Chapter 17.80 BOARD OF APPEALS

The board of zoning appeals, hereinafter called the “board,” shall consist of five members appointed by the mayor and approved by the city council. The board shall organize, adopt rules, hold meetings and keep records, all as provided by law.

(Ord. 553 § 8-101, 1970)

The board shall have the powers and duties prescribed by law and by this title, which are more particularly specified in Sections 17.80.030 through 17.80.060 of this chapter.

(Ord. 553 § 8-102, 1970)

The board shall hear and make decisions upon the following:

A.    Appeals from a decision by an official or agency charged with administering this title;

B.    Authorize variances and/or exceptions;

C.    Questions involving the interpretation of any provision of this title, including determination of the exact location of any district boundary if there is uncertainty with respect thereto;

D.    Authorize conditional uses.

(Ord. 553 § 8-103, 1970)

A.    The board of appeals may authorize variances from the requirements of this title where it can be shown that, owing to special and unusual circumstances related to a specific piece of property, the literal interpretation of this title would cause an undue or unnecessary hardship, except that no variance shall be granted to allow the use of property for purposes not authorized within the district in which the proposed use would be located. In granting a variance, the board of appeals may attach conditions which it finds necessary to protect the best interests of the surrounding property or neighborhood and to otherwise achieve the purposes of this title.

B.    No variance shall be granted unless it can be shown that all of the following conditions exist:

1.    That the variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district, and is not created by an action or actions of the property owner or the applicant;

2.    That the granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents;

3.    That the strict application of the provisions of the zoning ordinance of which variance is requested will constitute unnecessary hardship upon the property owner represented in the: application;

4.    That the variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare;

5.    That granting the variance desired will not be opposed to the general spirit and intent of the zoning ordinance.

(Ord. 553 § 8-104, 1970)

The board of appeals may authorize exceptions in accordance with state statute. Conditional uses, as utilized in this title, shall mean exceptions as permitted by state statute. No exception shall be authorized unless it is specifically permitted by this title. In no case shall an exception be permitted which would allow the use of property for purposes not authorized within the district in which the proposed use would be located.

(Ord. 553 § 8-105, 1970)

The procedures to be followed by the board of appeals shall be as follows:

A.    Written applications for the approval of the variances and exceptions referred to in Sections 17.80.040 and 17.80.050 shall be filed with the board upon forms and in a manner prescribed by the board. A fee of fifty dollars shall be paid to the city recorder or his agent upon the filing of each application for variance, for the purpose of defraying costs of the proceedings described herein. A written receipt shall be issued to the person making such payment, and records thereof shall be kept in such manner as prescribed by law. Such applications, which appeal decisions by the enforcing officer, shall be made within twenty days of the date of such decision.

B.    The board shall hold a public hearing on each application for a variance or exceptions. Applications must be accompanied with a certified list of property owners of record, and their addresses, if available; and if not available, then the addresses of the occupant of the premises, if tenanted, in all directions from the subject property for a distance of twice the frontage of the property included in the application, provided no distance need be more than one thousand feet, and cannot be less than two hundred feet.

C.    The board shall make its findings and determination in writing within forty days from the date of filing the application and shall forthwith transmit a copy thereof to the applicant.

D.    The board shall keep minutes of its proceedings, showing the vote of each member upon each question, and shall keep records of its examinations and other official actions, which shall be a public record.

E.    In approving applications for variances or exceptions, the board shall have authority to impose such conditions as it deems necessary to protect the best interest of the surrounding property or neighborhood.

(Ord. 553 § 8-106, 1970)