§ 78-89. Disposition and duration of approval.

The ZBA may reverse, affirm, vary or modify any order, requirement, decision, or determination presented in a case within the ZBA's jurisdiction, and to that end, shall have all of the powers of the officer, (city council or planning commission) from whom the appeal is taken, subject to the ZBA's scope of review, as specified in this chapter and/or by law. The ZBA may remand a case for further proceedings and decisions, with or without instructions.

(1)

The concurring vote of the majority of the members of the zoning board of appeals shall be necessary to:

a.

Reverse any order, requirement, decision or determination of any administrative official;

b.

Decide in favor of the applicant on any matter upon which the board is required to pass under this chapter; or

c.

Effect any variance in this chapter, except that a use variance shall be granted subject to the provisions of section 78-87(4)b.

(2)

Every decision of the board shall be based upon finding of fact, and each and every such finding shall be supported in the record of the proceedings of the board.

(3)

Nothing contained in this section shall be construed to empower the board to change the terms of this chapter, to effect changes in the zoning map or to add to the uses permitted in any zoning district, except when specifically empowered to do so.

(4)

A decision by the ZBA shall be considered final as of the meeting at which the decision has been made, and the date of such meeting shall be deemed to be the date of notice of the decision to the applicant. To the extent that decisions are requested or required to be in writing, the minutes of the ZBA meeting and decision, as proposed under supervision of the secretary, shall constitute the written decision.

(5)

Any decision of the ZBA favorable to the applicant shall remain valid only as long as the information and data relating to such decision are found to be correct, and the conditions upon which the decision was based are maintained. The relief granted by the ZBA shall be valid for a period not longer than 24 months, unless otherwise specified by the ZBA, and within such period of effectiveness, actual, on-site improvement of property in accordance with the approved plan and the relief granted, under a valid building permit, must be commenced or the grant of relief shall be deemed void. The period of approval may be automatically extended by 12 months if the variance was sought in conjunction with a site plan for which approval has been extended by the planning commission.

(6)

The city council administrative staff, under the supervision of the secretary of the ZBA, shall prepare and keep minutes of the ZBA proceedings, showing the findings, decisions, conditions, if any, and votes of each member in each case, including a member's absence or failure to vote. The minutes shall be within the ultimate authority, and shall be the responsibility, of the secretary of the ZBA, and shall be subject to approval of the ZBA. To the extent that a written decision in a case is requested or required, the minutes, prepared under the supervision of the ZBA secretary, along with the plan submitted, shall serve as the written decision, even if the minutes are awaiting final ZBA approval.

(Ord. No. 289, § 1, 6-13-2008)