CHAPTER XVI. ZONING AND PLANNINGCHAPTER XVI. ZONING AND PLANNING\ARTICLE 4. BOARD OF ZONING APPEALS

The governing body of the city does hereby create a board of zoning appeals consisting of five members. All members shall be appointed for terms of three years each. Vacancies shall be filled by appointment for the unexpired term. The members of such board shall serve without compensation. The board shall annually elect one of its members as chairperson, and shall appoint a secretary, who may be an officer or employee of the city.

(Ord. 323; Ord. 2326)

The board of zoning appeals hereinbefore created shall adopt rules and regulations in accordance with the provisions of this article creating the board. Meetings of the board shall be held at the call of the chairperson and 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. Record of all official action of the board shall be filed with the city clerk and shall be a public record.

(Ord. 323; Code 2009; Ord. 2326)

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 as hereinafter provided. The board shall fix a reasonable time for the hearing of an appeal or any other matters referred to it. Notice of the time, place and subject of such hearing shall be published once in the official city paper 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 or variance and to the city planning commission.

(Ord. 323; Ord. 2326)

Appeals to the board may be taken by any person aggrieved, or by any officer of the city or any governmental agency or body affected by any decision of the officer administering the provisions of the zoning ordinance. 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 forthwith 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.

(Ord. 323; Ord. 2326)

The board may, when it shall deem the same necessary, grant variances and exceptions to the zoning ordinance on the basis and in the manner provided in Article 12 of the City of De Soto Zoning Regulations.

(Code 2009; Ord. 2326)