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PLANNING DEPARTMENT-BOARD OF ADJUSTMENT
Sections:
2.16.010 Planning Commission.
2.16.030 Board of Adjustment.
2.16.040 Removal for cause.
2.16.050 Violation and penalty.
2.16.010 Planning Commission.
A. The City Planning Commission, previously established by city ordinance, is
continued. The Planning Commission 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 five members currently serving on the Planning Commission shall continue
to serve in their present terms. The terms of the alternate members currently
serving on the Planning Commission shall cease when the two at-large members
are appointed. City Council shall designate one at-large member to serve a term
which expires March 31, 1989. City Council shall designate the other at-large
member to serve a term which expires March 31, 1991. Thereafter the terms of
the at-large members shall be four years.
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 Department of Planning, Permits
and Public Works. 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-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, is continued. The Board of Adjustment 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 eight regular and alternate members currently serving on the Board of
Adjustment shall continue to serve in their present terms, all serving as regular
members, with five members serving as ward representatives and three members
serving as at-large representatives. The terms of the members shall continue
until their regular expiration date. The current alternate members from Ward
One, Ward Three and Ward Five shall be at-large regular members. The number
of at-large members will be reduced to two upon the expiration of the current
term of the regular member from Ward Three on March 31, 1994. The alternate
member from Ward Three shall become the Ward Three representative upon the expiration
of the term of the current Ward Three regular member.
C. 1. The Board of Adjustment shall consist of eight members until midnight
of March 31, 1994. During the period when the Board of Adjustment has eight
members:
a. A quorum of the Board shall consist of six members. If, at any time there
is not a quorum present, the matter shall be continued to the next appropriate
hearing date.
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.
2. After the Board of Adjustment has been reduced from eight members to the
permanent number of seven members:
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 Department of Planning, Permits and Public
Works. (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).
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