A board of Zoning Appeals is hereby established. It shall consist of five (5) members, each of whom are citizens of the city, and who shall serve without pay but may be reimbursed for expenses incurred in the course of their duties. The members of the Board of Zoning Appeals shall be appointed by Mayor, by and with the consent of the Council. All members who have served on said Board shall be eligible for reappointment to succeed themselves. The term of any member of the Board in office on the effective date of this Ordinance and the term of any member appointed to the Board prior to the first regular meeting of the Mayor and Council to be held in March, 1979, shall expire upon the appointment and qualification of a successor.

At the first regular meeting of Mayor and Council held in March, 1979, the five (5) members of the Board of Zoning Appeals shall be appointed or reappointed for terms as set forth in the section.

At the first regular meeting of Mayor and Council held in March, 1979, all five (5) members of the Board of Zoning Appeals shall be appointed or reappointed for initial terms of one, two (2), or three (3) years. At the time of appointment, at the first meeting of the Mayor and Council in March, 1979, one member shall be appointed for one year, two (2) members shall be appointed for two (2) years, and two (2) members shall be appointed for three (3) years. Thereafter, the terms of all members shall be three (3) years.

(Ord. No. 79-3, § 1, 2-19-79; Ord. No. 79-22, § 1, 8-6-79)

The Board of Zoning Appeals shall elect a Chairman and a Vice-Chairman, each of whom shall serve for one year or until he is reelected or a successor is elected. The Board shall adopt rules of procedure for the conduct of its meetings. The Secretary, appointed by the Board, shall keep minutes of the proceedings of all meetings, including all transactions, actions, examinations, votes, abstinences, and absences of the Board and those who appear before it. The minutes of all meetings shall, at all times, be filed in the office of the City Clerk and be part of the public record. The Chairman and the Vice-Chairman shall have the power to administer oaths, and cause to have issued subpoenas to compel the attendance of witnesses.

(Ord. No. 79-22, § 1, 8-6-79)

Appeals to the Board of Zoning Appeals may be taken by any person aggrieved or by an officer or department of the municipality affected by any decision of the Building Inspector. Such appeals shall be taken not more than thirty (30) days after the decision appealed from by filing with the Building Inspector and with the Secretary of the Board of Zoning Appeals a notice of appeal, specifying the grounds thereof. Forms adequate for stating such appeals shall be made available by the Building Inspector. Following an appeal of his decision, the Building Inspector shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

10.3.1. The Board of Zoning Appeals shall fix a reasonable time for the hearing of an appeal. Written public notice including posting of such notice at the City Hall and publishing such notice in a newspaper of general circulation shall be given at least three days prior to the date of hearing. Any party of interest may appear in person, by agent or by attorney.

(Amend. No. 49, 8-4-75; Ord. No. 79-22, § 1, 8-6-79)

An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Inspector from whom the appeal is taken certifies to the Board of Zoning Appeals, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate, a stay would, in his 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 Zoning Appeals 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.

(Ord. No. 79-22, § 1, 8-6-79)

The Board of Zoning Appeals shall have the following powers and duties:

(a)

Review: To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of the provisions of this ordinance.

(b)

Variances: To authorize upon appeal in specific cases, such variance from the requirements of this ordinance that, owing to special conditions, a case, results in unnecessary hardship; provided that such variance is not contrary to the public interest and intent of this ordinance. A variance may be granted in such individual cases upon a finding by the Board that all of the following conditions exist:

(1)

There are extraordinary and exceptional conditions pertaining to the particular property, building or structure in question because of its size, shape or topography;

(2)

The literal application of the provisions of this ordinance to the particular property, building or structure would create an unnecessary hardship; and,

(3)

Such conditions are peculiar to the particular property, building or structure, and not to other such property in the district;

(4)

Relief, if granted, would not cause substantial detriment to the public welfare, or impair the purposes and intent of this ordinance. Provided, however, that no variance be granted for a use of such property, building or structure prohibited by this ordinance;

(5)

Such conditions be not caused by action or inaction of the owner or any previous owner of the property, building or structure in question.

(6)

Sign variances:

a.

Variances are void if structural changes are made to the sign.

b.

Grandfathering of a variance is void five (5) years after date of annexation.

c.

Variances are nontransferable when property ownership changes.

d.

If signs are not maintained and become an eyesore, the zoning board has the right to revoke the variance following a ninety-day notification period.

(Ord. No. 78-28, § 5, 11-20-78; Ord. No. 79-22, § 1, 8-6-79; Ord. No. 91-16, 11-7-91; Ord. No. 06-15, § 7, 10-19-2006)

In exercising the above powers, the Board of Zoning 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 as sought to be made, and to that end shall have the powers of the Building Inspector from whom the appeal is taken. The concurring vote of three (3) 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 upon any matter which it is required to pass on under this ordinance, or to effect any variation in this ordinance.

10.6.1. Applications to the Board of Appeals which are denied shall not be resubmitted for consideration of the denied application for a period of six (6) months from the date the application was denied. Such application will be reconsidered by the Board of Zoning Appeals only upon the presentation of new evidence to justify the resubmission.

(Ord. No. 79-14, § 1, 7-2-79; Ord. No. 79-22, § 1, 8-6-79)

Any person, or persons, jointly or severally aggrieved by any decision of the Board of Zoning Appeals or any department of the municipality may seek review of such decision by a Court of Record, as specified by law.

(Ord. No. 79-22, § 1, 8-6-79)