A Board of Zoning Appeals is hereby established. The Board of Zoning Appeals shall perform all of its duties and exercise all of its powers in such a way that the purpose and intent of the zoning regulations shall be accomplished, public health, safety and welfare secured, and substantial justice done.

The Governing Body shall serve as the Board of Zoning Appeals. Four (4) members present shall be required to constitute a quorum. One (1) such member shall be annually elected chairman by the members of the Board of Zoning Appeals, or in lieu or such election, the Mayor shall preside over such meetings. The Chairman shall not vote except in cases of a tie-vote between the other members. In cases of a tie-vote and the Chairman excuses himself from voting, then such tie-vote shall constitute denial of said motion, application or action. A secretary shall be appointed, or in lieu of such appointment, the Zoning Administrative Officer shall serve as the secretary of the Board of Zoning Appeals.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

The Board of Zoning Appeals shall meet at least one (1) time each month at the call of the chairman, or at such other times as the Board of Zoning Appeals may determine, and all such meetings shall be open to the public. Meetings of the Board of Zoning Appeals may be conducted on the same calendar day as a regular meeting of the Mayor and City Council. However, such meeting shall take place separate from such regular meeting and shall be adjourned or convened before or after such regular meeting. The Board shall adopt rules for the transaction of business, or in lieu of such rules, the Board shall follow "Robert's Rules of Order," latest edition. The Board shall keep record of its findings, proceedings and official determinations, which shall be kept separate from minutes of any other meetings of the Governing Body, showing the vote of each member on each question, or if absent or failing to vote, indicating such fact, and such records shall be public record and available for purchase by interested parties at a reasonable cost. The Board shall have the power to subpoena and require the attendance of witnesses, administer oaths, compel testimony, and the production of books, papers, files and other evidence pertinent to the matters before it. On all appeals, applications and matters before the Board, said Board shall inform in writing all parties involved in its decision.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

The Board of Zoning Appeals is a body of limited powers, and its actions are taken in a quasi-judicial capacity rather than a legislative capacity. Failure to adopt written findings justifying all decisions shall render such decision null and void.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

The Board is empowered to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Administrative Officer, Building Official, or City Engineer in the interpretation or enforcement of these zoning regulations.

The Board is empowered to hear an appeal made by any person, firm, or corporation, or by any officer, department, board, or bureau affected by any decisions of the Historic Commission, Zoning Administrative Officer, Building Official or other employee based on the zoning regulations.

Such appeal shall be taken within sixty (60) days, or as provided by the rules of the Board, by filing with the Zoning Administrative Officer notice of appeal specifying the grounds thereof. All papers constituting the record upon which the action appealed from was taken shall forthwith be transmitted to the Board of Zoning Appeals.

The Board shall select a reasonable time and place for the hearing of the appeal and give at least fifteen (15) days of public notice thereof and due notice to the parties in interest and shall render a decision on the appeal within a reasonable time.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

The Board of Zoning Appeals shall have original jurisdiction to, upon application, determine the location of a particular district boundary in question as specified in Section 404 of these regulations.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

The Board of Zoning Appeals is hereby empowered to authorize upon application in specific cases such variance from the terms of these regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of these regulations will in an individual case, result in unnecessary hardship, so that the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done. The existence of a non-conforming use of neighboring land, buildings or structures in the same zoning district or of permitted or non-conforming uses in other districts shall not constitute a reason for the requested variance. A variance may be granted in an individual case of unnecessary hardship, after appropriate application in accordance with Article XXVI, upon specific findings that all of the following conditions exist. The absence of any one (1) of the conditions shall be grounds for denial of the application for variance.

1.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other land or structures in the same district; and

2.

A literal interpretation of the provisions of these zoning regulations would create an unnecessary hardship and would deprive the applicant of rights commonly enjoyed by other property owners within the district in which the property is located; and

3.

Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other properties of the district in which the applicant's property is located; and

4.

Relief, if granted, will be in harmony with the purpose and intent of these regulations and will not be injurious to the neighborhood or general welfare in such a manner as will interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonable affect their value; and

5.

The special circumstances are not the result of the actions of the applicant; and

6.

The variance requested is the minimum variance that will make possible the legal use of the land, building, or structure; and

7.

The variance is not a request to permit a use of land, building or structures which are not permitted by right in the district involved.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

In exercising the powers to grant appeals and approve variances, the Board may attach any conditions to its approval which it finds necessary to accomplish the reasonable application of the requirements of these regulations.

In exercising its powers, the Board of Zoning Appeals may, in conformity with the provisions of these regulations, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination, and to that end shall have all of the powers of the Zoning Administrative Officer and Building Official and may issue or direct the issuance of a permit. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrative Officer, Building Official, or City Engineer.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

No order of the Board permitting the erection or alteration of a building or other variance shall be valid for a period of longer than six (6) months unless such use is established within such period; provided, however that such order by the Board shall continue in force and effect if a building permit for said erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with such permit.

(Ord. No. 91-9(Amd. 21), 9-6-2016)

Applications for variance shall be made in accordance with all applicable provisions of Article XXVI.