Chapter 17.64
BOARD OF ADJUSTMENT
Sections:
17.64.010 Board of adjustment--Created.
17.64.030 Meetings and rules of order.
17.64.060 Appeal--Scope of authority.
17.64.090 Appeals to city council.
17.64.010 Board of adjustment--Created.
To carry out the intent and policy of the board, a board of adjustment is created. (Ord. 1438 §2(part), 2014)
17.64.020 Membership.
The board of adjustment shall consist of five voting members, all of whom shall serve without compensation. The members of the board of adjustment shall be appointed by the mayor. One shall be appointed for one year; one for two years; one for three years; and two for four years. One member of the board of adjustment shall be an appointee member of the planning commission. After public hearing, any appointee member may be removed by the mayor, with approval of the council, for inefficiency, neglect of duty, or malfeasance in office. (Ord. 1438 §2(part), 2014)
17.64.030 Meetings and rules of order.
The board of adjustment shall meet at the City Hall council chambers on the third Wednesday of the month at seven p.m. if deemed necessary to transact any business pending that month. Other meetings of the board of adjustment shall be held at the call of the chairman and at such times as the board may determine. All hearings of the board shall be open to the public. The presence of three members shall constitute a quorum. In all other matters the board shall proceed according to its own rules of order for the conduct of business and shall file its rules of order with the city clerk-treasurer. The presence of three voting members shall constitute a quorum. (Ord. 1438 §2(part), 2014)
17.64.040 Powers and duties.
A. The jurisdiction duties and powers of the board of adjustment are as follows:
1. To make special exceptions in harmony with the general purposes and intent of the zoning ordinance and according to the specific provisions of the zoning ordinance, upon request of the owner of the property in question;
2. To hear and decide appeals from property owners on actions or, decisions by an administrative official in the administration or enforcement of the zoning ordinance;
3. To review any action or interpretation of an administrative official relative to the zoning ordinance either at the request of the official or upon its own initiative.
B. The board shall not rehear any case on the same grounds within a period of one year from the date of its decision.
C. In addition to the powers designated in subsection A of this section, the board of adjustment shall have jurisdiction over all matters designated by ordinance of the city council. (Ord. 1438 §2(part), 2014)
17.64.050 Hearings.
A. All official actions of the board shall be subject to notices and public hearing as established by its rules. Any interested person may appear and be heard subject to procedure adopted by the board. Attendance at hearings by city officials may be compelled by the board.
B. Notice of the public hearing when the board hears an application for a conditional use permit shall be given in accordance with the requirements of Section 16.08.250.
C. A report by city staff may be required for the purpose of obtaining information as to the effect of a proposed variance upon the use, enjoyment, safety and value of land and buildings nearby. Such report may contain other information on existing or preexisting conditions relating to topography, geology, traffic, utilities, existing and proposed land use, and factors pertaining to the comprehensive plan.
D. The board shall make and record findings of fact relevant to its decisions and shall accept letters and petitions for the record, and shall examine facts relating to the conditions set forth. (Ord. 1438 §2(part), 2014)
17.64.060 Appeal--Scope of authority.
In exercising the powers granted herein, the board of adjustment may reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as should be made and, to that end, shall have all the powers of the official from whom the appeal is taken, insofar as the decision on the particular issue is concerned. (Ord. 1438 §2(part), 2014)
17.64.070 Final action.
The action by the board of adjustment on an application for a conditional use, permit or variance, or on an appeal from the decision of the zoning administrator or an administrative officer shall be final and conclusive unless within ten days from the date of said action the original applicant or an adverse party makes application to a court of competent jurisdiction for a writ of certiorari, a writ of prohibition or a writ of mandamus or, in the alternative and as an additional but not required remedy, the original applicant or an adverse party take an appeal to the city council. (Ord. 1438 §2(part), 2014)
17.64.080 Findings of fact.
The board of adjustment shall, in making an order, requirement, decision or determination, include in a written record of the case the findings of fact upon which the action is based. (Ord. 1438 §2(part), 2014)
17.64.090 Appeals to city council.
Any interested citizen or administrative officer of the city may appeal to the council from rulings of the planning commission or board of adjustment when such appeal shall be filed within ten days from such rulings. Thereupon the planning commission or the board of adjustment shall forthwith transmit to the council all papers or true copies thereof constituting the record upon which the rulings were made. The council at its hearing may receive such further evidence as deemed relevant. After a hearing the council may overrule or alter the decision of the planning commission or board of adjustment by a majority vote of the full council. (Ord. 1438 §2(part), 2014)