Board of Zoning Appeals


Board of Zoning Appeals

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Area of Responsibility: To hear and decide all appeals referring to any decision, variation, or exception to the Subdivision Regulations and Zoning Regulations.
Term: 4 Years
Appointed by: City Council
Legal Basis: City Charter, Article VI, Section 6.08
Ordinance: City Ordinance, PART TWO, TITLE EIGHT, CHAPTER 268

There shall be a Board of Zoning Appeals consisting of 5 electors of the City appointed by Council to serve for a term of 4 years. Of those first appointed under this chapter, 2 shall serve 2 years and 3 shall serve 4 years. The Board shall establish its own rules of procedure and keep a record of its proceedings in all matters coming before the Board. No resolution overruling an action under the Zoning Ordinance by any administrative officer of the City shall be adopted except by the affirmative vote of 4 members of this Board. Council shall fill all vacancies by appointment for the unexpired term.

The Board shall have the power to hear and determine appeals on refusal of building permits and to permit exceptions to and variations from the zoning regulations in individual cases, and may be required to afford justice and avoid unreasonable hardship to property owners. The standards in all instances to be applied by the Board shall be established by ordinance of Council.

City staff shall provide advice and technical support for the Board of Zoning Appeals, but do not work for the Board.  Staff is to be treated with respect and human dignity. Any breach or abuse of this may result in dismissal by the City Council.

The City Council shall have the right to remove, for misfeasance, malfeasance or nonfeasance, by a two-thirds vote of Council, any appointed member of the Board of Zoning Appeals. Members are expected to be present at all meetings, if possible. If the member is unexcused for two consecutive meetings, they may be removed from the Board with a two-thirds vote of Council.