CHAPTER 1-7: BOARD OF ADJUSTMENT

SECTIONS:

1-7-1:    CREATED:

1-7-2:    DUTIES AND POWERS:

1-7-3:    MEETINGS:

1-7-4:    SPECIAL EXCEPTIONS:

1-7-5:    APPEAL:

1-7-6:    ABSENCE:

1-7-1 CREATED:

There is hereby created a Board of Adjustment consisting of seven (7) members to serve without compensation, who shall be residents of the City of Prescott, each to be appointed by the city council, for a term of three (3) years; vacancies shall be filled in the same manner. Terms shall expire in March of the respective year. (Ord. 364, 12-45; amd. Ord. 737, 8-23-65; amd. Ord. 4737-1034, eff. 04-13-2010)

1-7-2 DUTIES AND POWERS:

The city council shall appoint a chairman and vice chairman in March of each year and such other officers as it deems necessary and shall prescribe the duties of said officers; the Chairman of the Board of Adjustment shall have the power to administer oaths and to take evidence. (Ord. 364, 12-10-45; amd. Ord. 4737-1034, eff. 04-13-2010)

1-7-3 MEETINGS:

Meetings of the Board of Adjustment shall be held as provided for by the rules or bylaws of said Board. (amd. Ord. 3236, eff. 8-25-94)

1-7-4 SPECIAL EXCEPTIONS:

The Board of Adjustment, acting through a majority of the members thereof, shall have power, in appropriate cases, to make special exceptions to the terms of this Chapter or any zoning regulation, insofar as it relates to the general rules and regulations of zoning.

1-7-5 APPEAL:

Any person aggrieved by, or any officer, department or board of the City affected by any decision of any administrative official within the Community Development Department may, within ten (10) days of that decision, appeal to the Board of Adjustment, by filing with the officer from whom the appeal is taken and with the Board of Adjustment a notice of appeal specifying the grounds therefor. Thereupon the officer from whom the appeal is taken shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. The appeal shall be governed by the provisions of State Statutes and amendments thereto. (Ord. 2279, 6-25-91; amd. Ord. 4737-1034, eff. 04-13-2010)

1-7-6 ABSENCE:

If any member shall be absent for more than two (2) consecutive meetings without notifying the Chairman or the Planning and Zoning Director, or shall be absent for more than thirty percent (30%) of all meetings during any one twelve-month period for any reason, he or she shall thereupon automatically cease to hold membership on the Board of Adjustment without any further action being taken by either the Board or the City Council. It shall be the responsibility of the Chairman of the Board to so notify the City Council immediately upon the creation of a vacancy pursuant to this Section. Meetings as used in this Section shall include all regular and special meetings, study sessions and field inspections. (Ord. 2278, 6-25-91)