§ 29-35. Board of zoning adjustments.

(a)

A board of zoning adjustments is hereby established, which shall be composed of the planning commission as a whole.

(b)

The board of zoning adjustments shall establish regular meeting dates, adopt rules for the conduct of its business, establish a quorum and procedure, and keep a public record of all findings and decisions.

(c)

Each session of the board of zoning adjustments shall be a public meeting with public notice of such meeting and business to be carried on published in a newspaper of general circulation in the city at least one (1) time, seven (7) days prior to the meeting. Any party may appear in person, or by agent or by attorney.

(d)

The board of zoning adjustments shall have the following functions:

(1)

Hear appeals from the decision of the zoning official in respect to the enforcement and application of this chapter; and may affirm or reverse, in whole or part, such decision of the zoning official.

(2)

Hear requests for variances from the literal provision of this chapter in instances where strict enforcement of this chapter would cause undue hardship due to circumstances unique to the individual property under consideration, and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of this chapter. The board of zoning adjustments shall not permit, as a variance, any use in a zone that is not permitted under this chapter. The board of zoning adjustments may impose conditions in the granting of a variance to insure compliance and to protect adjacent property.

(3)

Hear appeals from the decision of the zoning official in respect to the enforcement and application of the airport hazard zoning ordinance and may affirm or reverse, in whole or in part, the decision of the zoning official.

(e)

Any person submitting appeals of the decision of the zoning official or variance request must withdraw the appeal or request in writing no less than one (1) day (twenty-four (24) hours) prior to the board of adjustments' meeting in order to remove the business from the board's agenda.

(f)

Any person, or any board, taxpayer, department, board or bureau of the city, aggrieved by any decision of the board of zoning adjustments may appeal to the court having jurisdiction.

(g)

No applicant may be granted a variance under the provisions of this section unless the applicant shall demonstrate it is in full compliance with the relevant provisions of chapter 29 and all other applicable city codes and regulations at the time it seeks the variance. No variance will be permitted that results in the physical expansion of the automobile salvage yard.

(Ord. No. 4807, as amended, § 29, 2-2-81; Ord. No. 6303, § 3, 12-7-09)

State law reference

Board of zoning adjustment, A.C.A. § 14-56-416(b).

Cross reference

Boards and commissions generally, § 2-181 et seq.