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Chapter 2.16 - Planning Department-Board of Adjustment

2.16.010 Planning Commission
A. The City Planning Commission, previously established by city ordinance shall consist of seven members appointed by City Council. The terms of the members shall be four years or until such time as their successors are appointed. The City Council shall appoint one member from each ward and shall appoint two additional members from the city at large; provided, however, there shall not be two at-large appointments from the same ward. Persons appointed to the Planning Commission may serve a maximum of two consecutive terms as a member of the Planning Commission. This limitation applies whether the person is appointed as a representative of a ward or as a representative of the city at large; provided, however, any person appointed who serves or has served at least one-half of a term on such board or commission shall be considered to have served a term on such board or commission.
B. The members appointed to serve as the Planning Commission shall also
serve as and perform the duties of the Board of Adjustment. Terms of office for the Planning Commission and Board of Adjustment shall run concurrently.
C. Appointments to fill vacancies in members of the Planning Commission shall be for the unexpired term of office. Should ward boundaries be changed, causing the two at-large members to reside in the same ward, the at-large member with the shortest remaining term shall be deemed to have automatically vacated the position. City Council shall thereupon appoint a new at-large member to serve the balance of the term.
D. Compensation in an amount to be set by Council resolution shall be paid to each Planning Commission member. Each member of the Planning Commission may be reimbursed for actual expenses incurred as such member. The expenses shall be documented to the Secretary to the Planning Commission.
E. The Planning Commission may adopt reasonable rules and regulations, in conformity with applicable ordinances and the Charter of the City, governing its internal operations, and such rules and regulations shall be made available to the public in written or printed form at the office of the Planning Department. The Commission has all the powers and duties of a planning commission in accordance with the ordinances and the Charter of the City.
F. A quorum shall consist of five of the seven members of the Planning Commission. An affirmative vote of a majority of those members of the Planning Commission present shall be necessary to pass any item at a Planning Commission meeting. 
(Ord. O-2013-6 § 2, 2013; Ord. O-94-45 § 2, 1994; Ord. O-92-67 § 1, 1993; Ord. O-91-59 § 4 (part), 1991; Ord. O-88-18 § 1, 1988).


2.16.030 Board of Adjustment
A. The City of Lakewood Board of Adjustment, previously established by City Ordinance, shall consist of seven members appointed by City Council, except for that period of time provided for in subsection (B) of this section. The terms of the members shall be four years or until such time as their successors are appointed. The City Council shall appoint one member from each ward and shall appoint two additional members from the city at large; provided, however, there shall not be two at-large appointments from the same ward.
B. The members of the Board of Adjustment shall be those individuals appointed to serve as the Planning Commission. Terms of office for the Planning Commission and Board of Adjustment shall run concurrently
C. a. A quorum of the Board shall consist of five members.
b. The Board shall approve, modify or deny variances, appeals and other substantive matters before the Board using the form of a resolution.
c. The concurring vote of a majority of those members present shall be necessary to approve a variance or to carry out any other matters before the Board.
d. The Board shall list reasons for the record when a resolution to approve fails or a resolution to deny passes.
D. Appointments to fill vacancies in members of the Board shall be for the unexpired term of office.
E. Each member of the Board of Adjustment may be reimbursed for actual expenses incurred as such member. The expenses shall be documented to the Secretary to the Board of Adjustment.
F. The Board of Adjustment may adopt reasonable rules and regulations, in conformity with ordinances of the City of Lakewood, governing its internal operations, and such rules and regulations shall be made available to the public in written or printed form at the office of the Planning Department.
(Ord. O-2013-6 § 3, 2013; Ord. O-93-10 § 1, 1993; Ord. O-91-59 § 4 (part), 1991; Ord. O-85-21 § 1, 1985; Ord. O-80-52 § 2, 1980).


2.16.040 Removal for cause
Upon presentation of written charges and after a hearing thereon, any member of the Planning Commission or Board of Adjustment may be removed for cause by the City Council. (Ord. O-93-25 § 30, 1993; Ord. 15 § 3, 1969 Series).

2.16.050 Violation and penalty
Any person or legal entity violating any provision of this chapter or of the zoning ordinance as adopted and made effective by this chapter shall, upon conviction, be punished as provided in Section 1.16.020. In case of a violation of this chapter or the regulations adopted in this chapter, the city or any owner of real estate in the zoned area may institute injunctive proceedings to halt such violation. (Ord. 15 § 5, 1969 Series).