5.1.3. BOARD OF ADJUSTMENT AND APPEALS.
A. Appointments, Terms, and Service.
1. The Board of Adjustment and Appeals shall consist of seven members appointed by City Council.
2. All members shall be registered electors for at least one year immediately preceding their appointment.
3. No member shall hold any paid office or position in the City administration.
4. All members shall serve without compensation but shall be paid necessary expenses incurred in the discharge of their official duties and responsibilities, which expense monies shall be established by the City Council.
5. Each member shall be appointed for a term of three years, and may only serve three consecutive terms. However, if a member is appointed to fill a vacancy on the commission, that member may complete the term of the vacancy they were appointed to fill plus an additional three terms of three years each. Members who are term limited may reapply for a position on the Commission, but must wait one full term before reapplying.
6. Terms of office for members shall be staggered so that no more than three members are scheduled to expire in the same calendar year. If due to vacancies or other causes, more than three members’ terms will expire in the same calendar year, the City Clerk may take such action is necessary, including but not limited to extending the terms of members, as necessary to allow no more than three member’s terms to expire in a calendar year.
B. Powers and Duties.
1. The Board of Adjustment and Appeals has the following powers and duties.
a. To make decisions regarding whether to grant a Hardship Variance from the requirements of this UDO as described in Section 146-5.4.4.A. A Hardship Variance is required when the requested deviation from the requirements of this UDO cannot be approved as a Single-family Dwelling Variance, an Administrative Adjustment, a Major Adjustment, or a Fair Housing Adjustment.
b. To make decisions regarding whether to grant a Single-family Dwelling Variance from the requirements of this UDO as described in Section 146-5.4.4.B. A Single-family Dwelling Variance is required when the requested deviation from the requirements of this UDO affect only one existing single-family dwelling that has been issued a certificate of occupancy, and the requested deviation cannot be approved as an Administrative Adjustment or a Fair Housing Adjustment.
c. To hear appeals of the Director’s decision on an Administrative Adjustment concerning a deviation from the requirements of this UDO for a single-family dwelling.
d. To make decisions or requests for variances or appeals for matters arising from the enforcement of provisions of Article XV of Chapter 22, Chapter 90, and the City’s noise regulations.
e. To compel persons to attend and to give relevant testimony, to compel the elicitation of evidence among evidence already produced, and to compel the production of relevant evidence by subpoena upon application by the appellant, by the administrative officer whose action is being appealed, either of whom shall be referred to in this article as a party, or by the City Attorney, who shall supply their own subpoena.
i. Reasonable witness fees shall be paid to a nonparty by the party requesting attendance of the witness under subpoena upon timely demand by the witness.
ii. All expenses involved in producing evidence shall be paid by the party requesting such evidence.
iii. The chairperson or in their absence the vice-chairperson may administer oaths and accept affirmations.
iv. Upon failure by a party or person to comply with such subpoena or to give relevant testimony while under or while not under subpoena or to produce relevant evidence, while under subpoena, the Board of Adjustment and Appeals may, in its discretion, render decision against the party or against the party on whose behalf the person so refusing was called.
f. To exercise any additional powers conferred by statute or Charter at the request of City Council.
2. The Board of Adjustment and Appeals does not have the power or authority to authorize any variance that would allow a land use that is not listed as a permitted, conditional, accessory, or temporary use to be created in a district where it is not listed as such a use in Table 3.2-1, or to continue in operation longer than it would otherwise be permitted under the provisions of this UDO. (Ord. No. 2020-37 § 28, 10-05-2020; Ord. No. 2019-49 § 1, 08-19-2019)