§ 45-37A-56 — Zoning Board of Adjustment

(a) The governing body of any city which may now or hereafter have a population of 300,000 inhabitants or more, according to the last or any subsequent federal census and which may now or hereafter have in force and effect a comprehensive zoning ordinance shall provide for the appointment of a zoning board of adjustment and in the zoning regulations and restrictions adopted by the city pursuant to the authority of the laws of this state, provide that the zoning board of adjustment, in appropriate cases and subject to appropriate conditions and safeguards, shall make special exceptions to the terms of the zoning ordinance of the city in harmony with its general purpose and intent, and in accordance with general or specific rules therein contained. The zoning board of adjustment shall consist of seven members, each to be appointed by the governing body of the city, and each shall hold office for a term of seven years or until the time as his or her successor shall be appointed and qualify. The respective terms of the seven members first appointed shall be for one, two, three, four, five, six, and seven years. The members may after a public hearing, be removed for cause by the governing body of the city. The zoning board of adjustment shall adopt rules in accordance with the zoning ordinance adopted by the city. Meetings of the board shall be held at the call of the chair and at other times as the board may determine. The chair or, in his or her absence, the acting chair, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating the fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. Appeals to the zoning board of adjustment may be taken by any person aggrieved, or by any officer, department, board, or bureau of the municipality affected by any decision of the administrative officer or other officer as is charged with the enforcement of the zoning ordinance of the city. The appeal shall be taken within a reasonable time as provided by the rules of the board by filing with the officer from whom the appeal is taken and with the zoning board of adjustment a notice of appeal specifying the ground thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the zoning board of adjustment after the notice of appeal shall have been filed with him or her that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In these cases, proceedings shall not be stayed otherwise than by restraining order which may be granted by the zoning board of adjustment or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown. The zoning board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. The zoning board of adjustment shall have the following powers:
(1) 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 of the city.
(2) To hear and decide special exceptions to the terms of the zoning ordinance of the city upon which the the board is required to pass under the ordinance.
(3) To authorize upon appeal in specific cases the variance from the terms of the zoning ordinance of the city as shall not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the ordinance shall result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done, provided, however, that no variance shall be granted under this section to allow a structure or use in a district restricted against the structure or use, except as specifically provided for by the zoning ordinance.
(b) In exercising its powers, the board, in conformity with this section, may reverse or affirm wholly or partly or may modify the order, requirement, decision, or determination appealed from and may make the order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of two-thirds of the board members present shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or other officer as is charged with the enforcement of the zoning ordinance of the city, or to decide in favor of the applicant or any matter upon which it is required to pass under any ordinance of the city or to effect any variation in any ordinance. A quorum at any meeting shall consist of four members. The zoning board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of the portion thereof as may be called for by the writ. The return shall concisely set forth the other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
(c) The governing body of the city may appoint two supernumerary members of the board to serve on the board in the absence of a regular member with the former members serving at the call of the chair. Each supernumerary member while serving on the board shall have and exercise the power and authority of a regular member. The term of the supernumerary membersshall be for seven years and they shall be eligible for reappointment.

Legislative History

(Acts 1959, No. 528, p. 527, §1; Acts 1969, No. 326, p. 695, §1; Act 2009-775, p. 2419, §1.)