§ 21.10.030. Board of adjustment.

A.

There is a board of adjustment, which shall decide appeals from:

1.

Decisions regarding the approval or disapproval of a plat or variance from the provisions of chapters 21.80 and 21.85; and

2.

Decisions regarding the approval or disapproval of applications for concept or final approval of conditional uses;

in accordance with chapter 21.30.

B.

The board of adjustment shall be:

1.

A three-member board of adjustment, with two alternate members to serve in the absence of the three sitting members, for appeals from the platting board and the planning and zoning commission, whose members are nominated by the mayor and confirmed by eight members of the assembly for three-year staggered terms. The board's seats shall be designated Seats 1, 2, and 3. The board members shall be knowledgeable and experienced in administrative law and in the provisions of Title 21 of the Municipal Code.

2.

The planning and zoning commission, for appeals from the hearing officer.

C.

When transmitting to the assembly for confirmation the name of appointees to the board of adjustment, the mayor shall cause a notice of a ten-day comment period inviting public comment on the qualifications of such appointees to be published. The notice shall advise that comments shall be in writing and filed with the municipal clerk. Upon receipt, the municipal clerk shall forward comments received to the mayor and the assembly. The assembly shall not take action on any appointment to the board of adjustment until after the close of the public comment period.

(GAAB 21.30.360, 21.30.370; AO No. 73-76; AO No. 77-355; AO No. 84-70; AO No. 85-72; AO No. 86-155; AO No. 2003-58, § 1, 7-8-03; AO No. 2003-151, § 1, 12-2-03; AO No. 2009-134, § 1, 1-12-10)

Editor's note

AO 2003-58(am) effective July 8, 2003 as originally codified had erroneously omitted floor amendments. Later codification does not affect the floor amendments' effective date.

Cross reference

Appointment of boards and commissions, ch. 4.05.