A board of zoning appeals is hereby established. Said board shall consist of the members of the city council of the City of Calhoun.

The board of appeals shall be structured as follows: The mayor for the City of Calhoun shall serve as the chairman, the mayor pro tem shall serve as vice-chairman; the members of the city council shall serve as members. Members of the board of appeals shall serve concurrent terms to that of their election to the city council. The city clerk shall serve as the secretary to the board of appeals. The board of appeals shall adopt rules and bylaws in accordance with the provisions of this ordinance. Meetings of the board 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 vice-chairman, may administer oaths and compel the attendance of witnesses by subpoena.

The board 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, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. All meetings of the board of appeals shall be open to the public.

The board of zoning appeals shall have the following powers and duties:

12.3.1. Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the building inspector in the enforcement of this ordinance.

Appeals to the board of appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of the City of Calhoun affected by any decision of the building inspector. Such appeal shall be taken within 60 days, by filing with the building inspector and with the board of appeals a written notice of appeal specifying the grounds thereof. The building inspector shall forthwith transmit to the board all documents and papers constituting the record upon which the action appealed from was taken.

The board of appeals shall fix a reasonable time for the hearing of appeals or other matters referred to it, and give at least 15 days' but no more than 45 days' public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon a hearing, any party may appear in person, or by agent or by attorney.

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

In exercising its power, the board of appeals may, in conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination, and to that end shall have all the powers of the building inspector and may issue or direct the issuance of a building permit.

The concurring vote of a majority of members of the board shall be necessary to reverse any order, requirement, decision or determination of the building inspector, or to decide in favor of the applicant on any matter which it is required to pass under this ordinance or to effect any variation of this ordinance.

On all appeals, applications and other matters brought before the board of appeals, said board shall inform, in writing, all the parties involved of its decisions and the reasons therefor. Recourse from a decision by the board of appeals shall be to a court of competent jurisdiction in such matters.