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Board of Adjustment updates rules to align compliance hearings with SB 929, council authorization and funding
Summary
City Attorney’s office and staff told the committee the Board of Adjustment adopted amended procedures to implement SB 929 and the council’s ordinance: a compliance (amortization) hearing may proceed only after city council authorizes the hearing and the chief financial officer confirms sufficient funds for any payout required under state law.
City staff and the city attorney’s office told the committee that the Board of Adjustment has amended its rules of procedure to conform with Senate Bill 929 and the council ordinance adopted earlier this year.
Daniel Moore of the city attorney’s office said the revisions replicate parts of the council ordinance and were adopted by all three Board of Adjustment panels. Under the amended rules, the board will hear a compliance (amortization) case only on a city council request to establish a compliance requirement for a nonconforming use. Moore and staff explained that council must first authorize the hearing and the city chief financial officer must determine whether adequate funds are available to fund any statutorily required payouts before the board may proceed.
Committee members asked how the process would work in practice. Staff said a member of the public cannot directly file an amortization case with the board; a council member or council action must initiate the council-level authorization and the funding check by the CFO. Staff noted the change preserves council’s control over whether to pursue termination of nonconforming uses and ensures compliance with SB 929 funding requirements.
Ending: Staff told the committee the Board of Adjustment panels approved the updated rules at their May meetings and that the changes will track council’s ordinance at an upcoming council docket date.
