12-759.Same; board of zoning appeals; membership; vacancies; powers;
fees; variances; exceptions.
(a) Any governing body which has enacted a zoning ordinance or resolution shall
create a board of zoning appeals by adoption of the appropriate ordinance or
resolution. Such board shall consist of not less than three nor more than seven
members. If a city enacts zoning regulations which affect land outside the
corporate limits of such city, at least one member of the board shall be a
resident of the area outside the city's limits. The members first appointed
shall serve respectively for terms of one, two and three years, divided equally
or as nearly equally as possible among the members. Thereafter the terms of the
members may be changed to either three or four years, whichever is deemed to be
in the best interest of the city or county. Vacancies shall be filled by
appointment for the unexpired terms. The members of such board shall serve
without compensation. The board annually shall elect one of its members
as chairperson, and shall appoint a secretary who may be an officer or an
employee of the city or county. The board shall adopt rules in accordance with
the provisions of the ordinance or resolution creating the board. Meetings of
the board shall be held at the call of the chairperson and at such other times
as the board may determine. The board shall keep minutes of its proceedings,
showing evidence presented, findings of fact by the board, decisions of the
board and the vote upon each question. Records of all official actions of the
board shall be filed in its office and shall be a public record. The governing
body, in the ordinance or resolution creating such board, may establish a scale
of reasonable fees to be paid in advance by the party appealing. Any two or
more cities or counties which have established a joint planning commission may
establish a joint board of zoning appeals.
(b) Any board of zoning appeals in existence on the effective date of
this act shall continue in existence, but shall be governed by the provisions
of this act.
(c) The board of zoning appeals shall administer the details of appeals from
or other matters referred to it regarding the application of the zoning
ordinance or resolution as hereinafter provided. The board shall fix a
reasonable time for the hearing of an appeal or any other matter referred to
it. Notice of the time, place and subject of such hearing shall be published
once in the official city newspaper in the case of a city and in the official
county newspaper in the case of a county at least 20 days prior to the date
fixed for hearing. A copy of the notice shall be mailed to each party to the
appeal and to the appropriate planning commission.
(d) Appeals to the board of zoning appeals may be taken by any person
aggrieved, or by any officer of the city, county or any governmental agency or
body affected by any decision of the officer administering the provisions of
the zoning ordinance or resolution. Such appeal shall be taken within a
reasonable time as provided by the rules of the board, by filing a notice of
appeal specifying the grounds thereof and the payment of the fee required
therefor. The officer from whom the appeal is taken, when notified by the board
or its agent, shall transmit to the board all the papers constituting the
record upon which the action appealed from was taken. The board shall have
power to hear and decide appeals where it is alleged there is error in any
order, requirement, decision or determination made by an administrative
official in the enforcement of the zoning ordinance or resolution. In
exercising the foregoing powers, the board, in conformity with the provisions
of this act, may reverse or affirm, wholly or partly, or may modify the order,
requirement, decision, or determination, and to that end shall have all the
powers of the officer from whom the appeal is taken, may attach appropriate
conditions, and may issue or direct the issuance of a permit.
(e) When deemed necessary by the board of zoning appeals, the board may
grant variances and exceptions from the zoning regulations on the basis and in
the manner hereinafter provided: (1) To authorize in specific cases a
variance from the specific terms of the regulations which will not be contrary
to the public interest and where, due to special conditions, a literal
enforcement of the provisions of the regulations, in an individual case,
results in unnecessary hardship, and provided that the spirit of the
regulations shall be observed, public safety and welfare secured, and
substantial justice done. Such variance shall not permit any use not permitted
by the zoning regulations in such district. A request for a variance may be
granted in such case, upon a finding by the board that all of the following
conditions have been met: (A) That the variance requested arises from such
condition which is unique to the property in question and which is not
ordinarily found in the same zone or district; and is not created by an action
or actions of the property owner or the applicant; (B) that the granting of the
permit for the variance will not adversely affect the rights of adjacent
property owners or residents; (C) that the strict application of the provisions
of the zoning regulations of which variance is requested will constitute
unnecessary hardship upon the property owner represented in the application;
(D) that the variance desired will not adversely affect the
public health, safety, morals, order, convenience, prosperity, or general
welfare; and (E) that granting the variance desired will not be opposed to
the general spirit and intent of the zoning regulations; and (2)
to grant exceptions to the provisions of the zoning regulation in those
instances where the board is specifically authorized to grant such
exceptions and only under the terms of the zoning regulation. In no event
shall exceptions to the provisions of the zoning regulation be granted where
the use or exception contemplated is not specifically listed as an
exception in the zoning regulation. Further, under no conditions shall the
board of zoning appeals have the power to grant an exception when
conditions of this exception, as established in the zoning regulation by the
governing body, are not found to be present.
(f) Any person, official or governmental agency dissatisfied with any order
or determination of the board may bring an action in the district court of
the county to determine the reasonableness of any such order or determination.
Such appeal shall be filed within 30 days of the final decision of the board.
(g) A planning commission also may be designated as a board of zoning
appeals under this section.
(h) The provisions of this section shall become effective on and after
January 1, 1992.
12-759.Same; board of zoning appeals; membership; vacancies; powers;
fees; variances; exceptions.
(a) Any governing body which has enacted a zoning ordinance or resolution shall
create a board of zoning appeals by adoption of the appropriate ordinance or
resolution. Such board shall consist of not less than three nor more than seven
members. If a city enacts zoning regulations which affect land outside the
corporate limits of such city, at least one member of the board shall be a
resident of the area outside the city's limits. The members first appointed
shall serve respectively for terms of one, two and three years, divided equally
or as nearly equally as possible among the members. Thereafter the terms of the
members may be changed to either three or four years, whichever is deemed to be
in the best interest of the city or county. Vacancies shall be filled by
appointment for the unexpired terms. The members of such board shall serve
without compensation. The board annually shall elect one of its members
as chairperson, and shall appoint a secretary who may be an officer or an
employee of the city or county. The board shall adopt rules in accordance with
the provisions of the ordinance or resolution creating the board. Meetings of
the board shall be held at the call of the chairperson and at such other times
as the board may determine. The board shall keep minutes of its proceedings,
showing evidence presented, findings of fact by the board, decisions of the
board and the vote upon each question. Records of all official actions of the
board shall be filed in its office and shall be a public record. The governing
body, in the ordinance or resolution creating such board, may establish a scale
of reasonable fees to be paid in advance by the party appealing. Any two or
more cities or counties which have established a joint planning commission may
establish a joint board of zoning appeals.
(b) Any board of zoning appeals in existence on the effective date of
this act shall continue in existence, but shall be governed by the provisions
of this act.
(c) The board of zoning appeals shall administer the details of appeals from
or other matters referred to it regarding the application of the zoning
ordinance or resolution as hereinafter provided. The board shall fix a
reasonable time for the hearing of an appeal or any other matter referred to
it. Notice of the time, place and subject of such hearing shall be published
once in the official city newspaper in the case of a city and in the official
county newspaper in the case of a county at least 20 days prior to the date
fixed for hearing. A copy of the notice shall be mailed to each party to the
appeal and to the appropriate planning commission.
(d) Appeals to the board of zoning appeals may be taken by any person
aggrieved, or by any officer of the city, county or any governmental agency or
body affected by any decision of the officer administering the provisions of
the zoning ordinance or resolution. Such appeal shall be taken within a
reasonable time as provided by the rules of the board, by filing a notice of
appeal specifying the grounds thereof and the payment of the fee required
therefor. The officer from whom the appeal is taken, when notified by the board
or its agent, shall transmit to the board all the papers constituting the
record upon which the action appealed from was taken. The board shall have
power to hear and decide appeals where it is alleged there is error in any
order, requirement, decision or determination made by an administrative
official in the enforcement of the zoning ordinance or resolution. In
exercising the foregoing powers, the board, in conformity with the provisions
of this act, may reverse or affirm, wholly or partly, or may modify the order,
requirement, decision, or determination, and to that end shall have all the
powers of the officer from whom the appeal is taken, may attach appropriate
conditions, and may issue or direct the issuance of a permit.
(e) When deemed necessary by the board of zoning appeals, the board may
grant variances and exceptions from the zoning regulations on the basis and in
the manner hereinafter provided: (1) To authorize in specific cases a
variance from the specific terms of the regulations which will not be contrary
to the public interest and where, due to special conditions, a literal
enforcement of the provisions of the regulations, in an individual case,
results in unnecessary hardship, and provided that the spirit of the
regulations shall be observed, public safety and welfare secured, and
substantial justice done. Such variance shall not permit any use not permitted
by the zoning regulations in such district. A request for a variance may be
granted in such case, upon a finding by the board that all of the following
conditions have been met: (A) That the variance requested arises from such
condition which is unique to the property in question and which is not
ordinarily found in the same zone or district; and is not created by an action
or actions of the property owner or the applicant; (B) that the granting of the
permit for the variance will not adversely affect the rights of adjacent
property owners or residents; (C) that the strict application of the provisions
of the zoning regulations of which variance is requested will constitute
unnecessary hardship upon the property owner represented in the application;
(D) that the variance desired will not adversely affect the
public health, safety, morals, order, convenience, prosperity, or general
welfare; and (E) that granting the variance desired will not be opposed to
the general spirit and intent of the zoning regulations; and (2)
to grant exceptions to the provisions of the zoning regulation in those
instances where the board is specifically authorized to grant such
exceptions and only under the terms of the zoning regulation. In no event
shall exceptions to the provisions of the zoning regulation be granted where
the use or exception contemplated is not specifically listed as an
exception in the zoning regulation. Further, under no conditions shall the
board of zoning appeals have the power to grant an exception when
conditions of this exception, as established in the zoning regulation by the
governing body, are not found to be present.
(f) Any person, official or governmental agency dissatisfied with any order
or determination of the board may bring an action in the district court of
the county to determine the reasonableness of any such order or determination.
Such appeal shall be filed within 30 days of the final decision of the board.
(g) A planning commission also may be designated as a board of zoning
appeals under this section.
(h) The provisions of this section shall become effective on and after
January 1, 1992.
12-759.Same; board of zoning appeals; membership; vacancies; powers;
fees; variances; exceptions.
(a) Any governing body which has enacted a zoning ordinance or resolution shall
create a board of zoning appeals by adoption of the appropriate ordinance or
resolution. Such board shall consist of not less than three nor more than seven
members. If a city enacts zoning regulations which affect land outside the
corporate limits of such city, at least one member of the board shall be a
resident of the area outside the city's limits. The members first appointed
shall serve respectively for terms of one, two and three years, divided equally
or as nearly equally as possible among the members. Thereafter the terms of the
members may be changed to either three or four years, whichever is deemed to be
in the best interest of the city or county. Vacancies shall be filled by
appointment for the unexpired terms. The members of such board shall serve
without compensation. The board annually shall elect one of its members
as chairperson, and shall appoint a secretary who may be an officer or an
employee of the city or county. The board shall adopt rules in accordance with
the provisions of the ordinance or resolution creating the board. Meetings of
the board shall be held at the call of the chairperson and at such other times
as the board may determine. The board shall keep minutes of its proceedings,
showing evidence presented, findings of fact by the board, decisions of the
board and the vote upon each question. Records of all official actions of the
board shall be filed in its office and shall be a public record. The governing
body, in the ordinance or resolution creating such board, may establish a scale
of reasonable fees to be paid in advance by the party appealing. Any two or
more cities or counties which have established a joint planning commission may
establish a joint board of zoning appeals.
(b) Any board of zoning appeals in existence on the effective date of
this act shall continue in existence, but shall be governed by the provisions
of this act.
(c) The board of zoning appeals shall administer the details of appeals from
or other matters referred to it regarding the application of the zoning
ordinance or resolution as hereinafter provided. The board shall fix a
reasonable time for the hearing of an appeal or any other matter referred to
it. Notice of the time, place and subject of such hearing shall be published
once in the official city newspaper in the case of a city and in the official
county newspaper in the case of a county at least 20 days prior to the date
fixed for hearing. A copy of the notice shall be mailed to each party to the
appeal and to the appropriate planning commission.
(d) Appeals to the board of zoning appeals may be taken by any person
aggrieved, or by any officer of the city, county or any governmental agency or
body affected by any decision of the officer administering the provisions of
the zoning ordinance or resolution. Such appeal shall be taken within a
reasonable time as provided by the rules of the board, by filing a notice of
appeal specifying the grounds thereof and the payment of the fee required
therefor. The officer from whom the appeal is taken, when notified by the board
or its agent, shall transmit to the board all the papers constituting the
record upon which the action appealed from was taken. The board shall have
power to hear and decide appeals where it is alleged there is error in any
order, requirement, decision or determination made by an administrative
official in the enforcement of the zoning ordinance or resolution. In
exercising the foregoing powers, the board, in conformity with the provisions
of this act, may reverse or affirm, wholly or partly, or may modify the order,
requirement, decision, or determination, and to that end shall have all the
powers of the officer from whom the appeal is taken, may attach appropriate
conditions, and may issue or direct the issuance of a permit.
(e) When deemed necessary by the board of zoning appeals, the board may
grant variances and exceptions from the zoning regulations on the basis and in
the manner hereinafter provided: (1) To authorize in specific cases a
variance from the specific terms of the regulations which will not be contrary
to the public interest and where, due to special conditions, a literal
enforcement of the provisions of the regulations, in an individual case,
results in unnecessary hardship, and provided that the spirit of the
regulations shall be observed, public safety and welfare secured, and
substantial justice done. Such variance shall not permit any use not permitted
by the zoning regulations in such district. A request for a variance may be
granted in such case, upon a finding by the board that all of the following
conditions have been met: (A) That the variance requested arises from such
condition which is unique to the property in question and which is not
ordinarily found in the same zone or district; and is not created by an action
or actions of the property owner or the applicant; (B) that the granting of the
permit for the variance will not adversely affect the rights of adjacent
property owners or residents; (C) that the strict application of the provisions
of the zoning regulations of which variance is requested will constitute
unnecessary hardship upon the property owner represented in the application;
(D) that the variance desired will not adversely affect the
public health, safety, morals, order, convenience, prosperity, or general
welfare; and (E) that granting the variance desired will not be opposed to
the general spirit and intent of the zoning regulations; and (2)
to grant exceptions to the provisions of the zoning regulation in those
instances where the board is specifically authorized to grant such
exceptions and only under the terms of the zoning regulation. In no event
shall exceptions to the provisions of the zoning regulation be granted where
the use or exception contemplated is not specifically listed as an
exception in the zoning regulation. Further, under no conditions shall the
board of zoning appeals have the power to grant an exception when
conditions of this exception, as established in the zoning regulation by the
governing body, are not found to be present.
(f) Any person, official or governmental agency dissatisfied with any order
or determination of the board may bring an action in the district court of
the county to determine the reasonableness of any such order or determination.
Such appeal shall be filed within 30 days of the final decision of the board.
(g) A planning commission also may be designated as a board of zoning
appeals under this section.
(h) The provisions of this section shall become effective on and after
January 1, 1992.