Board of Adjustment
Their primary duties are to consider appeals from decisions of the Director of Public Works on building and zoning enforcement and to consider requests for variances from the strict enforcement of the City's zoning, sign, and subdivision ordinances. Petitioners must prove that either an error has been made by a City Official interpreting the City's requirements, or that an unusual circumstance exists for granting an exception to the rules.
Each matter is uniquely considered as based on the evidence presented at the formal Board Hearing. This is a quasi-judicial forum requiring that all evidence be provided under oath, that a transcript of the proceedings is made and preserved, and that the members consider only the evidence presented at the hearing to arrive at their decision. Decisions of the Board of Adjustment are final, are not up for review by the Board of Aldermen, and may be appealed only to the Circuit Court by any party with standing.
The Board of Adjustment meets on call when petitions for variances or appeals are filed. By law, they are required to give public notice 15 days in advance of a hearing detailing the variance or appeal requested. While not required by law, it is Byrnes Mills' practice to notify the adjoining property owners located within 200 feet by first calls mail of any petitions for variances.
The Board of Adjustment, as required by Statute, is a five member group of lay citizens with unique powers and duties. By state law, the City appoints five regular members and three alternates who serve only in the absence of a regular member. By State law, actions taken by the Board of Adjustment require four affirmative voters from among the five member panel which considers the petition.
Board of Adjustment Members
- Doug Smith (President)
- Craig Morris
- Ron Davies
- Mary Scheble (Alternate)
- Glenn Ponder (Alternate)
- 3 Vacant Alternate Seats