The board of adjustment is established to act on variance applications as detailed in this chapter. The board shall consist of not less than five or more than seven members appointed by the city council for staggered three-year terms.

(Ord. 298 § 1 (part) (11.02.301), 1997)

(Ord. No. 354, § 1(Exh. A), 10-15-2018)

At the first meeting each year, the board shall appoint one of its members to serve as chairman and one member to serve as vice-chairman. The city zoning officer shall be at the disposal of the board to receive and process applications for variances or appeal and to give advice to the board.

The board's office shall be that of the city and all files of the board shall be held therein.

(Ord. 298 § 1 (part) (11.02.302), 1997)

(Ord. No. 354, § 1(Exh. A), 10-15-2018)

The board of adjustment shall have the following powers:

A.

To hear appeals and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this title or of any ordinance adopted pursuant hereto.

B.

To hear and decide special exceptions to the terms of the ordinance upon which this board is required to pass under this chapter. More specifically the board shall, after public notice and hearing, conditionally approve, deny or approve any request to modify the following requirements of this title, only if the application satisfies the requirements outlined above.

1.

Setback requirements;

2.

Yard requirements;

3.

Area requirements;

4.

Height requirements;

5.

Parking requirements;

6.

Loading requirements.

C.

To authorize upon appeal in specific cases such variance from the terms of this title as shall not be contrary to the public interest where owing to special conditions a literal enforcement of the provisions of this title will result in unnecessary hardship, and so that the spirit of the title shall be observed and substantial justice done. An unnecessary hardship shall not be construed to be an event or situation caused or created by the applicant or previous property owners.

D.

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the application on any matter which it is required to pass under this title, or to affect any variation of this chapter.

(Ord. 298 § 1 (part) (11.02.303), 1997)

Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, board or bureau of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision by the board.

(Ord. 298 § 1 (part) (11.02.304), 1997)