Creation and Appointment of Members
The Board of Zoning Adjustment by stipulation in this Regulation is hereby created in accordance with Act 186 of 1957, or as amended. The Board of Zoning Adjustment shall consist of city appointed members. The Planning Commission as a whole shall sit as the Board of Zoning Adjustment.
Officers
The Zoning Board of Adjustment shall meet to designate one of its members as chairman, select a vice-chairman, and select a secretary. The terms of office of the chairman and other members shall be as provided by the by-laws of the Zoning Board of Adjustment.
Meetings
The Board of Zoning Adjustment shall establish regular meeting dates providing for at least one regular meeting to be held in each calendar year.
By-Laws
The Board of Zoning Adjustment shall adopt by-laws for the conduct of its business, establish a quorum and procedure, and keep a public record of all findings and decisions.
Public Meetings
Each session of the Board of Zoning Adjustment shall be a public meeting with public notice of said meeting and business to be carried on the agenda to be published in a newspaper of general circulation in the city, at least one (1) time seven (7) days prior to the meeting.
Functions
The Board of Zoning Adjustment shall have the following functions:
A. Hear appeals from the decisions of the Mayor (or his Code Enforcement Officer) in respect to the enforcement and application of the zoning regulation; and may affirm or reverse, in whole or in part, said decision of the Code Enforcement Officer.
B. Hear requests for variances from the literal provisions of the zoning regulation in instances where strict enforcement of the zoning ordinance would cause undue hardship due to circumstances unique to the individual property under consideration, or where unique mitigating circumstances exist in the immediate
area, such as public or private open space or similar buffers, 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 the zoning regulation. The Board of Zoning Adjustment shall not permit, as a variance, any use in a zone that is not permitted under the zoning regulation. The Board of Zoning Adjustment may impose conditions in granting of a variance to ensure compliance and to protect adjacent property. Decisions of the Board of Zoning Adjustment in respect to the above shall be subject to appeal only to a court of record having jurisdiction.
Procedure for Appeals to the Board of Zoning Adjustment
Application and Public Hearing
Appeals may be taken to the Code Enforcement Officer by any person affected by a decision of the Mayor (or his designate) concerning the zoning regulations. All appeals shall be made in writing and filed with the Mayflower City Clerk, who will forward a copy to the Secretary of the Board of Zoning Adjustment, specifying the grounds for such appeal. The Board of Zoning Adjustment shall fix a reasonable time for a public hearing on the appeal. A public notice shall be published at the applicant’s expense, at least once, not less than seven (7) days preceding the date of such hearing, in a newspaper of general circulation in Mayflower. The public notice shall give the particular location of the property on which the appeal is requested, as well as a brief statement of the reason for the appeal.
The applicant for a variance, or any appeal, to the Board of Zoning Adjustment resulting in a public hearing shall procure signs announcing the variance or appeal from the city offices, city of Mayflower and shall display said signs in the manner prescribed. Signs shall be posted at least seven (7) days preceding the date of the public hearing for the variance or appeal. The fee for any appeal to the Board of Zoning Adjustment shall be as set by the Mayflower City.
Council, no part of which shall be refundable. Such fee will be paid to the Mayflower City Clerk with the written appeal.
Mayflower Municipal Codes
