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Midway council adopts ordinance clarifying board of adjustment procedures (Ordinance 2025-07)

Midway City Council · March 18, 2025
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Summary

Council adopted Ordinance 2025-07 to clarify that the board of adjustment hears variances (not appeals), to remove confusing 'appeals' language, and to adjust procedures including naming alternates and reconsidering term limits to retain volunteers.

Midway City Council voted to adopt Ordinance 2025‑07, which amends the city code governing the board of adjustment.

Planning staff told the council the existing code uses the word 'appeal' in places that make it sound as if the board of adjustment hears appeals; in Midway those matters are decided by the City Council, not the board. The proposed ordinance removes the appeals language, clarifies that variances are the board’s primary responsibility, and recommends naming alternate members and adjusting term limits to improve volunteer retention. Staff and council also reviewed state law criteria for variances, including the requirement to show an unreasonable hardship that is not self‑imposed.

A motion to adopt the ordinance passed on roll call; council members recorded 'aye' votes during the meeting.