A board of adjustment is hereby established. The word "Board" when used in this article, shall be construed to mean the board of adjustment. The board shall consist of five (5) members, all of whom shall be residents of the city of Bellefontaine Neighbors appointed by the mayor of the city of Bellefontaine Neighbors and approved by the board of aldermen. The term of office of the members of the board shall be for five (5) years and shall be so established that the terms of office of one (1) member shall expire each year. Vacancies shall be filled for the unexpired term only. Three (3) alternative members may be appointed to serve in the absence of or disqualification of the regular members. Alternative members shall also be appointed by the mayor with the approval of the board of aldermen. Members and alternates shall be removed for cause by the board of aldermen upon written charges and after public hearing. The board of adjustment as now existing under ordinance no. 396 amended by this ordinance no. 1540 shall be continued under this section.

The board shall elect its own chairman and vice-chairman, who shall serve for one (1) year. The board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this chapter.

Appeals to the board may be taken by any person aggrieved or by any officer, department, board, or bureau of the city of Bellefontaine Neighbors affected by any decision of the city engineer. Such appeal shall be taken within thirty (30) days of such decision as shall be prescribed by the board by general rule, by filing with the city engineer and with the board a notice of appeal specifying the grounds thereof. The city engineer shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from is taken.

An appeal stays all proceedings in furtherance of the action appealed from, unless the city engineer certifies to the board after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate of stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application or notice to the city engineer on good cause shown.

The board shall fix a reasonable time for the hearing of the appeal, give not less than fifteen (15) days public notice thereof in a newspaper of general circulation in the city of Bellefontaine Neighbors, as well as due notice to the parties in interest and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney.

A fee of two hundred fifty dollars ($250.00) shall be paid to the city clerk at the time the notice of appeal is filed, which the city clerk shall forthwith pay over to the city treasurer to the credit of the general revenue fund of the city of Bellefontaine Neighbors.

Appeals shall be submitted upon forms available in the office of the city engineer and shall show the minimum information as prescribed on said forms. It shall be the responsibility of the appellant to furnish such maps, data and information as may be prescribed for that purpose by the board of adjustment so as to assure the fullest practicable presentation of facts for the permanent record.

To hear and decide appeals where it is alleged there is error of law in any order, requirement, decision or determination made by the city engineer in the enforcement of this chapter.

To permit the extension of a district where the boundary line of a district divides a lot held in a single ownership at the time of the passage of this chapter.

To interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the map fixing the several districts accompanying and made a part of this chapter where the street layout actually on the ground varies from the street layout as shown on the map aforesaid.

To permit the erection and use of a building or the use of premises for public utility purposes.

To permit a temporary building for use incidental to residential construction in a subdivision where many buildings are erected by one (1) developer, subject to adequate conditions and requirements for protecting the public safety, health and general welfare, such permit to be limited to a period of six (6) months subject to renewal after re-application.

To permit the reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God or the public enemy, to the extent of more than sixty percent (60%) of its fair market value, where the board finds some compelling public necessity requiring a continuance of the nonconforming use.

To permit a variation in the yard requirements of any district where there are unusual practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, topographical or other conditions, provided such variation will not seriously affect any adjoining property or the general welfare.

To authorize upon appeal, whenever a property owner can show that a strict application of the terms of this chapter relating to the construction or alteration of buildings or structures or the use of land will impose upon him practical difficulties or particular hardship, such variations of the strict applications of the terms of this chapter as are in harmony with its general intent and purpose, but only when the board is satisfied that a granting of such variation will not merely serve as a convenience to the applicant, but will alleviate some demonstrable and unusual hardship or difficulty so great as to warrant a variation from the comprehensive plan as established by this chapter, and at the same time the surrounding property will be properly protected.

To vary the parking regulations of this chapter whenever the character or use of the building is such as to make unnecessary the full provisions of parking facilities or where such regulations would impose an unreasonable hardship upon the use of the lot, as contrasted with merely granting an advantage or a convenience.