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176 Ax ORDINANCE TO Ali~AtD SECTZOx 13 OP' ORDINANCE xfl. 165, ~BbED AIriD APPR4'~'ED ox TAE a1ST ~y og APRIL, 1919• Hl~ IT ORt]AINED BY THE CITY COUNCIL oF` ~"HT~ CITY OF WEST D~~ti'FiISt $C~~x 1 - That Section 13 of ordinance No. 165, paased and approved on the ~~~ ~_ 21st day of April, 19119 be and the came is hereby aa~anded to read ae fo1].o~rs s r ppP k' - + ~!," t ~rirr' SEOTZON 1~. HOAAD H~' ADJUSTMENT. A Board o! Adjustment is hereby established to consist of five (5) members, to be pointed by the Mayor and confirmed lry the City Council. All members of ~aid.Board shall serve /~ t F without pay. One member of the first Board shall be appointed for one year; vne (1) for two (2) years, one (1) for three (~) years, one (1) for four (4) years and one (l) for five (~) years and thereafter all members shall be appointed for terms of five (5) years each. Yaoana3es shall be tilled for the uneacpired term of any member, whose term becomes v1-lia~it, in the same manner as original appointments. Upon appointment and annually thereafter the Hoard shall meet and organize and shall elect its o~rn chairman and vice-chairman, sash of whom shall serve for one (1) year, or until his successor duly qualities. The Mayor shall appoint a secretary, who shall hold office during the will an8 pleasure of the Mayor, and shall reoeiv~ such oompensatioa from the City of best Memphis ae may be fixed from time to time by the City Council of the City of West Memphis. l~eetingst Meetings of the Board shall be held at euob times and at such place or places within the City of West Memphis as the Hoard may 8esignate~ but said Hoard shall meet at least omse a month and may ffieet at any time on call of the ah~irman. The chairman of the Hoard, or in his absence, the noting chair- man, shall administer oath to all persons offering testimony. He May also compel the attenflance of witnesses. All meetings of the Board shall be open to the public. The Hoard shall Yeep minutes of its proceedings, showing the vote of sash member upon each question, or if absent or f cling to +sote indl~se.ting sich fast, and shall keep records of its examinations and other ottioial aatianB, all of which shall be immediately filed in the office of the Board and shall be a public record. The prasenae of four (4) members shall be necessary t~- constitute a quorum and the conourrinr vote of at least four- fifths (u/.5) of the members of the Boaa^d. shall be necessary ~Vte .reverse any order, requirement, 8eeision or determination of any administrative officer or to decide in favor of the ~'~ applicant on any matter upon which it is required to pass under i the Zoning Regulations or to ettellt any xariation in such i .~'. ~~' s' .~.- regulations. She building inspector or his representative shall attend each meeting of the Board ~.nfl sha11 br~.ng with him ell plans, speoitioatiogs, plats And papers relating to any case before the Board for determinatioq. llwthenever an appeal or application tar variation is made to the Hoard, the Board shall publish a notioe of the time and place oT s public hearing upon euoh appeal, which notice shall lie published at least once, not less than ten (1©) days preceding the Bate of euoh hearing, in an official paper or a paper of general oirculatian in the municipality, such notice to contaiq the particular location far which the variation is requested, as well as a brut statement of what the proposed variation consists. The Board sha11 alsc give such additional notioe of shah hearing to interested persons.and organizations as it shall dee~a feasible and practicable, The appellant ar applicant shall be required to pay a tiling See of five (5) dollars to Dover the post of publishing anfl mailing notices of the hearing and such other costs as may tie incurred in oonneo`ion with such appeal or appliaatian. The secretary of the board shall deposit with the City Treasurer, on the first Monday of each month, all tees collected during the preceding month. Public hearings may be a8~ourned from time to time, and, it the time and place at the a8~ourned muting be publicly announced when the ad~our},went is had, no further natlce of euoh ad~ourged meeting need be published. loo order of the Board permitting the erection or alteration of a building shall be valid far a period longer than sixty (6A) days unless a building permit for euoh erection or alteration fie obtained within such period and euoh erection or alteration is started and proceeds to completion in aooord- ages with the terms of s~~ch permit. 1~0 order of the Board permitting a use of a building or premises shal3 be valid far a period longer than sixty (60) days unless such use is established within euoh period, provided, however,, that where euoh use permitted is dependent upon the ereotioq or alteration of a buildlt~, suQh order shall eogtinue~ i !f /'` ,,"' .,.~~,- iA foroe and effsot if a building permit for euah ereotion or alteration is obtained within euah period and such creation dr alteration is started and proceeds to completion in aooox~lsaee with the terms of euah permit. The Board shall annually, on or before the tenth day of January, make a report for the f isoal year preoeding to the i~ayar and City ©ounoil, summarizing oases aansidered and aoti~ns taken. The board of Adjustment shall hear and det~ide appeals from and review e~ny order, requirement, deoision ar determination made by the Building Inspeotor in the enfareamant of the Zoning Regulations. The Board shall have full power to adopt a21 rules for the transaction of its business, the regulation of proaadura before it, and the carrying out of the powers granted to it by the provisions herein eat forth and not inconsistent therRarith. .• ~-...- When a property owner can show that a strict application of the terse of this QrcLee relating to .the use, conatruation or alteration of buildings or structures or the use of land will impose upon him practical difficulties or particular hardship, or it would be to the best interest of the City of Weat Memphis end the inhabitants thereof to change this prdinance relating to the use of land, then the Hoard ssy consider and allow such variations to the strict application of the terms cf this prdinance as are in harmony with its general purpose and intent when the Hoard is satisfied, under the evidence heard before it, that a granting of such variation gill not merely sex~re as a oonvenienoe to the applicant, but is necessary t-o alleviates some demonstrable hardship or difficulty so great as to grant a variation from the comprehensive plan created and set forth by tb-ese regulations. the Hoard shall have power absolutely to grant variations in the tollawing instances: ~i r 1. To permit the eaten®ion of a distriot whore the „~° boundary line at a district ~irldee a lot in single oxnership •as shown on retard on January 1, 1g4~7. ~. To permit the erection and use of a building or the use vt premises in any lovation for a publi4 service oorpora- tan for public utility purposes xhich the gaard determines reasonably necessary tar the public csonvenienoe ar xeltare. ~. ~o authari~e a variance where, by reason of exceptional narroxness, shallcxness ar shape at a specific piece at propert~r of record on January 1, lg4?, or by reason of exdeptianal ltcpographical conditions ar other extraordinary cr exceptional situation or condition of a specific piece at property, the stri.ot application of any provi~-ion of this ordinance would rerult in peculi,~r-and exceptional practical difficulties end particular hatdship upon the owner of such property and amount to a practical coat iscation of such property as distinguished from a mere inconvenience to such owner, provided such relict can be, granted xithout substantial detriment to the public scrod and xithout substantially impairing the general purpose and intent of the comprehensive plan as ests.blished by the regulations and provisions contained in this Ordinance. 4. To interpret the pevvisians of this ordinance xhere the street bout actually on the ground varies tro~a the street ,~°'" layout as shatact an the map fixing the several districts which map is attache8 to and made a part of the sanins regulations. 5. Ta exercise ali other pavers delegated to it ~ Section 969 at Popeis Digest oT the statutes of Arkansas. ~,» ~It rt~ter' its ~ *11 ~Y# ~` t-~ ,+t ~'~'1~~4a i~ ~~r>etetr-e pL-a It! ter t`o~ai't o~p-d!,'4tar~ t ~1iMA att ~~t3.~ is ram #~- f~-s Board ~~` i ~t1~ ~, ~ net~,o~r tQ br-. p~~d ai gad fart raid rs ipt addition +~t+~nriGO writ~trx rrt~.~ ~ ail b+ ~tt+~r- tqr ~rtirwd ter last ~t add~+rts of all ~ ~ ~ "'~' ~ .barer ~w1r ~t t~ ~ ~ rags asd alaas to ail pt' e~narr a-rlt ~ its s1~rr-t ss strwrts i,~w- ~ or b t~to blrolt r~rr+r #+~s rrrrlrt #+ar taar3ati~t 3ar s sad i~' rri'~r a !'1. ~~ tr~'i~ taw a~w- trta- Ya3.d ~ r~~~ ab~eert~arr ti tea v#R~ats smd - eoar~ sot Apr o~ ''~ ~ Brest rraart of t~ 6~~ r! 'I~tt ~is ~! itsebitante wad bd ssrr+e~l 1~!` ti a '+ra+-'+e1s tteerr and is t~rat ~a-t~ ~ ~t ~a var,at~a~rs lr~ar ~r o~~t~tleiryr pmt gr~.drid ors P~~- i~ tbrr- ~x'~oR ,~ y,,ioaticsts rhsll ~avtr tat ~~} dgrs in w~ah #~ ~-~. ta+r +~ ~ ~ +ar'eat set` boaar'd~ ~#p~ app to tai ~ti~r' C rrrat~rr rball 1~s ierraarrd air. Burr ~ ab-all ~ r- ri~;h~ to a~• bs~ for Cif C+gts31 ~- ~ sand alas tra br rs~tsd ~"' ~1 of alrr rr brr ahrosia~. 'baaxd sal ri.taltt ir~t +~' a~ ~"~ aRei~i~ oh appal iar gt'r ~ of s ~ ~- ~~ '~- tbs ~ *lala~rr tbr~l~ ;~'~. ---- _ - Ip ecrnelderinB all appeals and all proposed variati©ns ! in~- t® these requirements the Boa# a-ha.ll. be!©re maginB aA7 ing ~ a ,rpedili© Dees, Bret determine that the prapee+~ variation. gill not impair an adequate supply of light and air to ad~aaent propertys or re~sanabiy increase the QonBea- tion in public streets, or incarease the puhlia aan~er o! Fire, •aluee ar reasonably diminish or impair established property he within th® eurrounding area, cr in any other reepemt impaix' t health, sa2'ety~ comlort, morale and wellare o! the i~bitante o! the City o! West M~phie. ~ • a • /~ ~-sry t~ax-iat~,ori granted ar denied by the hoard shall be aooompani-ed by a written finding of taut, based on sworn test~- mony and evidence, speoitying the reason tar grantl~ng or denying euah variation. Passed and approved this 3rd day o1' Jsi uary 1950 S/James Bleddo® •n.err.~.~rrrra~w.rawrrrr..~rr~r.~rrws.rwrrrrr~r Acting Mayor Attest _°