1329-17 Combining Board of Adjustment and Code Enforcement

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OR BK 9628 PG 474 2 of 6 (3), Removal by Council., City Council.,may remove any member:-,of the..Board of Adjustment, Code Enforcement, and Appeals for,just cause ..;However, absences from three consecutive regular meetings shall cause a Board member to be automatically removed from their seat, unless such absence is excused by the.majority vote of the Board of Adjustment, Code Enforcement, and Appeals withsuch excuses duly.entered into the minutes. (4) Vacancies. Any vacancy occurring during the unexpired term of office of any member shall be filled by an appointment by the City Council for the remainder of the term. The vacancy shall be filled within 30 days of its occurrence. (5) Legal_counsel. Legal counsel_forthe Board_of.Adjustment, Code Enforcement, and Appeals shall be the City Attorney, except when a conflict shall be deemed to exist. At that time the City Council may authorize the appointment of an attorney for that limited purpose only. Members of the Board of Adjustment, Code Enforcement, and Appeals who may be brought to court for cases arising from their ethical participation in ordained responsibilities shall be represented by the City Attorney or the city's liability insurance company's designated legal counsel. Section. 30.082 POWERS AND DUTIES. The Board of Adjustment, Code Enforcement, and Appeals shall have the following powers and duties: (A) To hear and decideappeals when it is alleged that there is error .in: any order, requirement, decision, or determination made by an administrative official in the enforcement of the City Land Development Code. (B) To authorize, upon appeal, such variances from the terms of the zoning regulations as will not be contrary to the public interest when owing to special conditions; a literal enforcement of the provisions of the City Land Development Code would result in unnecessary-andundue-hardship. Variances-are assigned to 'specific--properties when -- - compliance with the regular zoning standards is not feasible. In order to authorize any variance from the terms of the City Land Development Code, the Board of Adjustment, Code Enforcement, and Appeals must.find: (1) That conditions and circumstances are peculiar to the land, structure or building involved, and. are not applicable to,other lands, structures, or buildings involved in the same zoning district; (2) That the special conditions and circumstances do not result.:from the actions of the applicant; (3) That granting the variance requested will not confer: on.the, applicant any special privilege that is denied by this chapter to other lands, buildings, or structures in the same zoning district; (4) That literal interpretation of the provisions of the zoning regulations would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the City Land Development Code and would work unnecessary and undue hardship on the applicant; (5) That the variance granted is the minimum variance that will make possible the reasonable use of land,building, or structure; (6) That the grant of the variance will be in harmony with the general intent and purpose of the City Land Development Code and:that.the variance will not be injurious to the area involved or otherwise detrimental to the public.welfare. (C) In granting any variance, the Board of Adjustment, Code-Enforcement, and Appeals may prescribe appropriate conditions and safeguards. Violation of such conditions and