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Council adopts ordinance clarifying Board of Adjustment procedures, removes appeal language
Summary
Midway City Council adopted Ordinance 2025-07 to amend the Board of Adjustment chapter, removing confusing appeals language, clarifying that appeals are heard by the City Council and adjusting procedural items intended to improve board recruitment and clarity.
The Midway City Council adopted Ordinance 2025‑07 to amend Chapter 2 (Board of Adjustments) of the city code, removing language that implied the board hears appeals and making procedural changes aimed at clarity and volunteer recruitment.
City staff said the code erroneously suggested the board hears appeals; in Midway, appeals of administrative decisions are heard by the City Council. Staff recommended removing the confusing language, relaxing term‑limit language and adding flexibility such as naming alternates so the board can reliably convene when needed. The ordinance keeps the substantive standard for variances unchanged; staff noted the statutory variance test is set by state law and remains difficult to meet.
A council member moved to adopt Ordinance 2025‑07, citing the findings provided by staff. The motion was seconded and the ordinance passed with recorded “Aye” votes from Council members Craig, Jeff, Lisa, JC and Kevin.
Staff said the changes should reduce confusion for applicants and help retain and recruit board members by allowing alternates and reworking term‑limit language. The code updates also change the word “hearing” to “meeting” in variance procedures to avoid implying that public comments about variances affect the legal variance standard set by state law.
