§ 10. Board of adjustment.
The city council shall establish a board of adjustment sometimes referred to hereinafter as the board. The board members shall be appointed by the mayor subject to council approval. The board shall have the power and duties authorized by law and by this ordinance.
(A)
Membership and organization. The board shall consist of five (5) members, each to be appointed for a term of three (3) years after first appointments of one (1) member for one (1) year, two (2) members for two (2) years, and two (2) members for three (3) years. At a meeting to be held within thirty (30) days after the date of effect of this ordinance and thereafter at a meeting held within thirty (30) days after the first day of each year, the board shall elect one of its members chairman and one (1) vice-chairman. The zoning administrator shall act as secretary for the board, but shall have no vote. Rules and regulations for the transaction of business shall be adopted. All meetings, transaction and records of action shall be open to the public.
(B)
Powers of the board. The powers and duties of the board, except its power of interpretation, shall be limited to action on specific appeals and application only. No board action shall have the effect of changing any rule, regulation, provision or restriction of this ordinance, except by following the procedure prescribed herein for amendments, but shall affect only its application to a specific case before the board.
(C)
Appeals. The board shall hear and decide appeals from and shall review any order, requirement, decision or determination of the zoning administrator, and shall hear and decide all matters referred to it or upon which it is required to pass under this ordinance. With the concurring vote of four (4) members the board may reverse any order, requirement, decision or determination of the zoning administrator, may decide in favor of the applicant on any matter requiring its approval under this ordinance and permit any variation from ordinance regulations or make any interpretation. An appeal to the board may be taken by any person aggrieved or by any officer, department, board or bureau of the City of Jamestown.
Such appeal shall be taken with such time as shall be prescribed by rule of the board, by the filing with the officer from whom the appeal is taken and with the board, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken forthwith shall transmit to the board all papers constituting the record upon which the action appealed from was taken.
An appeal to the board stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the board after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay, in his opinion, would cause imminent peril to life or property. In such a case, proceedings shall not be stayed except by a restraining order which may be granted by the board or by a court of record, on application, and on due cause shown, after notice to the officer from whom the appeal is taken.
The board shall fix a reasonable time for the hearing of any appeal and shall give due notice thereof to the parties. Upon the hearing, any party may appeal in person or by agent or by attorney. The board may reverse or affirm, in whole or in part, or may modify, the order, requirement, decision, or determination appealed from, and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end the board shall have all the powers of the officer from whom the appeal is taken. Where there is practical difficulty or unnecessary hardship in the way of carrying out the strict letter of this ordinance, the board, in passing upon an appeal, may vary or modify any of the regulations or provisions of the ordinance relating to the construction or alteration of buildings or structures including yard, lot areas, lot width, lot coverage, open space and height regulations, the use of land, building or structures, or automobile parking or loading spaces, so that the spirit of this ordinance shall be observed, public safety and welfare secured, and substantial justice done, except that said board shall not have the power to grant zoning variances.
D.
Interpretation. The board shall interpret the words, terms, rules, regulations, provisions and restrictions of this ordinance, where there is doubt as to the meaning thereof and shall determine the location of boundaries of districts where uncertainty exists after the rules of section 4 hereof for determining said boundaries have been applied. Before making any interpretation the board may hold a hearing thereon, after fixing a reasonable time for the hearing and giving due notice thereof to the parties.
E.
Miscellaneous Variances. The board may, upon written application therefor, filed with the secretary, make the following variations, adjustments, and modifications after a hearing thereon, with a reasonable time for such hearing fixed and due notice thereof given to the parties.
1.
Approve site plans, with variances, as authorized in subsection E of section 8.8 hereof.
2.
Vary the front yard depth required in a specified case where front yard depth of existing buildings within a distance of one hundred forty feet on both sides of a building to be erected in any P-O-C, R-A, R-1, R-2, or R-3 District average more than six feet greater of more than six feet less than the front yard depth required for the district.
3.
Modify the requirements of section 7 for the provision of automobile parking stalls as provided in subsections E, F, G and H thereof.
4.
Vary the requirements of section 7 for the provision of automobile parking or loading spaces in a case where it is clearly shown by an applicant for such variation to the satisfaction of the board that, due to the particular nature or method of conducting a proposed use, or, due to other special or limiting conditions, such requirements would be unnecessary, would cause practical difficulty or would create an unnecessary hardship.
F.
Conditions. In acting on any matter the board may determine that, in order to protect the public health, safety, convenience or welfare, or to avoid traffic congestion or hazard or other dangers, or to promote conformity of a proposed use with the character of adjoining property and uses and the district as a whole, or to protect such character, the issuance of a permit applied for should be subject to the following or other conditions, and may impose such conditions:
1.
Adherence to modified yard, lot area, lot width, lot coverage, floor area, parking space, open space and height requirements in lieu of the requirements herein.
2.
Provisions of off-street parking spaces in specified amounts, provision of spaces or easements for screen planting, for utility lines or for necessary facilities and services and provisions of other areas and open spaces.
3.
Limitation of use of specification of manner of maintaining and conducting same.
4.
Drainage or sanitary requirements.
5.
Structural requirements and location of buildings and structure.
6.
Dedication to the city of reservation of areas required for public or protective purposes.
The board may require a written agreement, deposit of certified check or funds, a bond or other assurance of faithful observance of conditions, the violation of which shall invalidate the permit and shall be considered a violation of this ordinance.
G.
Action. The board shall decide on any matter within thirty days after date of hearing thereon. Decision in favor of any applicant shall be approval or conditional approval of the matter applied for and shall be an order to the zoning administrator to carry out such action, subject to any such conditions. The decision of the board shall not become final until the expiration of five (5) days from the date of entry of such order unless the board shall find the immediate effect of such order is necessary for the preservation of property or personal rights and shall so certify on the record.
(Ord. No. 693)