800.01.

A Board of Adjustment is hereby established, which shall consist of five members to be appointed by the governing body, each for a term of three years. Members of the first Board of Adjustment appointed after the passage of this ordinance, however, shall be appointed for the following terms of office: one member for one year, two members for two years, and two members for three years.

800.02.

Members of the Board of Adjustment may be removed from office by the governing body for cause upon written charges and after public hearing. Vacancies shall be filled by resolution of the governing body for the unexpired term of the number affected.

801.01.

The Board of Adjustment shall adopt rules necessary to conduct its affairs and in keeping with the provisions of this ordinance. Meetings shall be held at the call of the chairman and at such other times as the board may determine. The chairman, or in his absence, the acting chairman may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

801.02.

The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact. The board shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the board.

802.01.

Appeals to the Board of Adjustment concerning interpretation or administration of this ordinance may be taken by any person aggrieved or by any officer or bureau of the governing body of the city affected by any decision of the building inspector.

802.02.

Such appeals shall be taken within a reasonable time, not to exceed 60 days or such lesser period as may be provided by the rules of the board, by filing with the building inspector and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The building inspector shall transmit to the board all papers constituting the record upon which the action appealed was taken.

802.03.

The Board of Adjustment shall fix a reasonable time for the hearing of appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent or attorney.

803.01.

An appeal stays all proceedings in furtherance of the action appealed from, unless the building inspector certifies to the Board of Adjustment after the notice of appeal is filed with him, that by reason of facts stated in the certificate, a stay would cause imminent peril to life and property. In such case, proceedings shall not be stayed other than by a restraining order, which may be granted by the Board of Adjustment or by a court of record on application, on notice to the building inspector from whom the appeal is taken, and on due cause shown.