Board of Adjustment

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1. Powers and Duties

The board of zoning adjustment shall have power to grant variances in any exceptions to any of the provisions of this chapter to the extent of the following and no further.
  1. To vary or modify the strict application of any of the regulations or provisions contained in this chapter in cases in which there are no practical difficulties or unnecessary hardships in the way of such strict application. No variance or modifications of the uses permitted within a district shall be allowed.

  2. To permit the extension of a district where the boundary line thereof divides a lot in one (1) ownership at the time of the passage of this chapter, but such extension of any district shall not exceed one hundred (100) feet.

  3. The granting of the variance shall be in harmony with the general purpose and intent of the regulations imposed by this chapter on the district in which it is located and shall not be injurious to the neighborhood or otherwise detrimental to the public welfare.

  4. There must be proof of unique circumstances. There must exist special circumstances or conditions, fully described in the findings, applicable to the land or buildings for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to such land or buildings in the neighborhood, and which circumstances and conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building.

  5. There must be proof of unnecessary hardship. It is not sufficient proof of hardship to show that greater profit would result if the variance were granted. Furthermore, the hardship complained of cannot be self-created; nor can it be established in this basis by one who purchases with or without knowledge of the restrictions; it must result from the application of this chapter; it must be suffered directly by the property in question; and evidence of variance granted under similar circumstances shall not be considered.

  6. That the granting of the variance is necessary for the reasonable use of the land or building and that the variance as granted by the board is the minimum variance that will accomplish this purpose. The report of the zoning board shall fully set forth the circumstances by which this chapter would deprive the applicant of any reasonable use of his land. Mere loss in value shall not justify a variance; there must be a deprivation of beneficial use of land.

  7. That the proposed variance will not impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the adjacent neighborhood.

  8. That the granting of the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district. The board may prescribe any safeguard that it deems necessary to secure substantially the objectives of the regulations or provisions to which the variance applies.

2. Organization and Terms A board of adjustment is hereby established.

  1. The board shall consist of five (5) members appointed by the mayor and approved by the city council each to serve for a term of three (3) years. Vacancies occurring in said board shall be filled in a like manner. Vacancies for the unexpired term of any member shall be filled for such unexpired period only. Upon the request of the board, the city council shall appoint an alternate member who shall sit as an active member when and if a member of the board is unable to serve at any hearing.

  2. The board shall choose its own chairman and in the chair's absence an acting chairman. All meetings of the board shall be held at the call of the chairman and at such other times as the board may determine.

  3. Such chairman may administer oaths and compel the attendance of witnesses.

  4. All meetings of such board shall be open to the public. Such board shall keep minutes of its proceedings showing the vote of each member on every question. If any member is absent or fails to vote, the minutes shall indicate such fact.

  5. The concurring vote of four (4) members of the board shall be necessary to decide in favor of the applicant any matter upon which said board is required to pass under the provisions of this chapter.

3. Members

  • Kent Anderson

  • Tom Behm

  • Larry Boltz

  • Stacey Kemp
  • Mark Peterson
  • Del Scholer

  • Lyn Vreeland


    Ex-Officio
    Mayor-Michael Brown

Staff

Bev Collings    Email
Inspections Department - 746-2631    

EventDate/TimeAgendaMinutes
08/14/2018 6:00 PM - 9:00 PM Not IncludedNot Included
08/13/2018 5:30 PM - 6:30 PM AG COW 20180813 AG COW 20180813Not Included
08/09/2018 3:30 PM - 4:30 PM Civil Service Agenda August 2018 Civil Service Agenda August 201820180712 Civil Service Meeting Minutes 20180712 Civil Service Meeting Minutes
08/08/2018 12:00 PM - 1:00 PM AG GFECC-FR 20180808 AG GFECC-FR 20180808Not Included
08/07/2018 8:00 AM - 9:00 AM AG BRIC20180807 AG BRIC20180807Not Included
08/06/2018 5:30 PM - 6:30 PM AG CC 20180806 AG CC 20180806Not Included
08/02/2018 3:00 PM - 4:00 PM Not IncludedNot Included
08/02/2018 7:00 AM - 8:00 AM EMBoard Agenda_AUG2018 EMBoard Agenda_AUG2018Not Included
08/01/2018 5:30 PM - 7:00 PM ag080118 ag080118Not Included
07/30/2018 5:30 PM - 7:00 PM 7-30-18 agenda 7-30-18 agenda073018 minutes-lgac 073018 minutes-lgac
07/26/2018 8:00 AM - 9:00 AM Not IncludedNot Included
07/25/2018 9:00 AM - 10:00 AM AG-SAC-20180725 AG-SAC-20180725Not Included
07/25/2018 7:30 AM - 8:30 AM AG GFECC 20180725 AG GFECC 20180725Not Included
07/23/2018 5:30 PM - 6:30 PM AG COW 20180723 AG COW 20180723Not Included
07/23/2018 4:30 PM - 5:00 PM 7-23-18 agenda 7-23-18 agendaNot Included
07/23/2018 4:00 PM AG GFEGFINTER 20180723 AG GFEGFINTER 20180723Not Included
07/17/2018 5:00 PM - 6:00 PM AG LIB 20180717 AG LIB 20180717Not Included
07/17/2018 8:00 AM - 9:00 AM Not IncludedNot Included
07/16/2018 5:30 PM - 6:30 PM AG CC 20180716 AG CC 20180716Not Included
07/16/2018 4:30 PM - 5:30 PM AG AUD 20180716 AG AUD 20180716Not Included
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