Chapter 18.60
PLANNING AND APPEALS COMMISSION
Sections:
18.60.01 Establishment.
The zoning board, hereinafter called the board, shall consist of five members appointed by the mayor. The board shall organize, adopt rules, hold meetings and keep records all as provided by law. If areas outside city are zoned, the board shall have seven members with two being outside but within three miles of the city limits. The commission shall be designated as the ZBA. (Code 1996 § 16-274)
18.60.02 Powers and duties.
The board shall have the powers and duties prescribed by law and by this title which are more particularly specified in BSMC 18.60.03 through 18.60.05. (Code 1996 § 16-275)
18.60.03 Interpretations.
The board shall hear and make decisions upon the following:
(a) Appeal from a decision by an official or agency charged with administrating this title.
(b) Questions involving the interpretation of any provision of this title including determination of the exact boundary if there is uncertainty with respect thereto.
(c) Review and approve or disapprove conditional uses which shall be considered as exceptions under state statutes. (Code 1996 § 16-276)
18.60.04 Variances.
The board 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. No variance shall be granted unless it can be shown that all of the following conditions exist:
(a) Exceptional or extraordinary conditions applying to the property that do not apply generally to other properties in the same district or vicinity, which conditions are a result of lot size or shape, topography or other circumstances over which the applicant has no control.
(b) The variance is necessary for the preservation of a property right of the applicant substantially the same as is possessed by owners of other property in the same district or vicinity.
(c) The authorization of the variance shall not be materially detrimental to the purposes of this title, be injurious to property in the district or vicinity in which the property is located, or be otherwise detrimental to the objectives of any city development plan or policy.
(d) The variance requested is the minimum variance from the provisions and standards of this title which will alleviate the hardship. (Code 1996 § 16-277)
18.60.05 Procedure.
The procedures to be followed by the board of appeals shall be as follows:
(a) Written applications for the approval of the variances referred to in BSMC 18.60.02 and 18.60.03 shall be filed with the board upon forms and in a manner prescribed by the board. A fee of $50.00 shall be paid to the city clerk, or her 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 payments, 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 20 days of the date of such decision.
(b) The board shall hold a public hearing on each application for a variance. 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 1,000 feet, and cannot be less than 200 feet.
(c) The board shall make its findings and determination in writing within 40 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 public records.
(e) In approving applications for variances, the board shall have authority to impose such conditions as it deems necessary to protect the best interest of the surrounding property or neighborhood. (Code 1996 § 16-278)