Board of Adjustment

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  1. Applications for permits to build within mapped highways or on highways proposed for abandonment shall be made to a board of adjustment to be appointed by the legislative body. The application shall contain adequate information concerning the location and nature of the building or improvement to be constructed.
  2. The board of adjustment, except as provided in this section, shall be composed of five (5) members who shall be residents of the county or municipality and who shall hold no other public office, either elective or appointive. Members shall be appointed by the chief executive, with the approval of the legislative body, for five-year terms of office. Members shall serve without compensation. The legislative body may remove any member for cause upon written charges and after public hearing. Vacancies shall be filled for unexpired terms in the same manner as in the case of the original appointments.
  3. The board shall adopt appropriate rules of organization and procedure, which shall include provisions dealing with the selection of officers and employees deemed necessary, the holding of regular meetings and the keeping of a public record.
  4. The board may incur expenses for the performance of its duties within the budget appropriated by the legislative body for those purposes, and an application fee to be determined by the legislative body shall be charged and shall accompany each application when submitted.
  5. In lieu of establishing a board of adjustment, the legislative body may designate an existing board of zoning appeals as a board of adjustment.


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