1.   Appointment; Membership. A Board of Adjustment is hereby established, which shall consist of five members, each to be appointed by the Mayor, and subject to confirmation by the City Council, for a term of five years. None of which shall hold an elective office or be another City Official. No member shall serve more than two consecutive terms. Members shall be removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

   2.   Rules; Meetings; General Procedure. The Board shall adopt rules in accordance with the provisions of this Zoning Ordinance. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. Such Chairperson or, in the absence of the Chairperson, the acting Chairperson may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. 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 the City Clerk and shall be a public record. The City Clerk shall serve as Secretary of the Board. In the absence of the Secretary, the Chairperson of the Board may appoint one of the members of the Board to act as Secretary Pro Tem for the meeting. The Board shall have the power to call on any City department for assistance in the performance of its duties, and it shall be the duty of such department to render such assistance as may reasonably be required. The Board shall also receive and consider recommendations submitted by the Planning and Zoning Commission.

   3.   Jurisdiction; Powers. The Board shall have the following powers and duties.

      A.   The Board of Adjustment may in appropriate cases and subject to appropriate conditions and safeguards make special exceptions to the terms of the ordinances in harmony with its general purpose and intent. Any property owner aggrieved by the provisions of this Zoning Ordinance or any regulations or restrictions thereunder may petition the said Board of Adjustment direct to modify said regulations and restrictions as applied to such property owner and the following rules shall apply:

         (1)   The Board of Adjustment shall have a public hearing on said petition under the same terms and conditions as hereinafter provided for the hearing of the appeals by the Board of Adjustment.

         (2)   The Board of Adjustment, in making any exception to the Zoning Ordinance, shall be guided by the general rule that the exceptions shall by their design, construction, and operation adequately safeguard the health, safety, and welfare of the occupants of adjoining and surrounding property, shall not impair an adequate supply of light and air to adjacent property, shall not increase congestion in the public streets, shall not increase public danger of fire and safety and shall not diminish or impair established property values in surrounding areas.

         (3)   The Board of Adjustment is specifically authorized to permit erection and use of a building or the use of premises or vary the height and area regulations in any location for a public service corporation for public utility purposes or for purposes of public communication, including the distribution of newspapers, which the Board determines reasonably necessary for public convenience or welfare.

         (4)   The Board of Adjustment is specifically authorized to permit the extension of a district where the boundary line of a district divides a lot in a single ownership as shown of record or by existing contract or purchase at the time of the passage of this Zoning Ordinance, but in no case shall extension of the district boundary line exceed 40 feet in any direction.

      B.   The Board shall have the power to hear and decide appeals where it is alleged there is an error in any order, requirements, decision, or determination made by the Building Official in the enforcement of this Zoning Ordinance.

      C.   The Board shall have the power to authorize upon appeal in specific cases such variance from the terms of the Zoning Ordinance as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done. Special conditions shall include but not be limited to a property owner who can show that his or her property was acquired in good faith and where by reason of exceptional narrowness, shallowness, or shape of a specific piece of property, or where by reason of exceptional topographical conditions or other extraordinary or exceptional situations the strict application of the terms of this ordinance actually prohibits the use of such property in a manner reasonably similar to that of other property in the district. Nothing in this section shall be construed to permit the extension or expansion of a nonconforming use located in an R or U District.

   4.   Appeals. Appeals to the Board may be taken by any person aggrieved or by any officer, department, board, or bureau of the City affected by any decision of the Building Official. Such appeal shall be taken within a reasonable time as provided by the rules of the Board by filing with the Building Official and with the Board of Adjustment a notice of appeal specifying the grounds thereof. The Building Official shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from is taken, and shall further transmit a copy of the notice of appeal and the record to the Planning and Zoning Commission. Upon receipt of the notice of appeal, the Board shall hold a public hearing on said appeal and shall publish notice of said hearing in a newspaper of general circulation in the City. Said notice shall specify the time, place, and purpose of said public hearing and said public hearing shall not be less than two days or more than 10 days after the publication of said notice. The Board shall also give prompt notice of such hearing to the Building Inspector and the Planning and Zoning Commission. The final disposition of any appeal after public hearing shall be in the form of a resolution by the Board and copy of such resolution shall be filed with the Building Inspector, the Planning and Zoning Commission, and the City Clerk. An appeal stays all proceedings in furtherance of the action appealed from, unless the Building Official certifies to the Board, after notice of appeal shall have been filed with said official, that by reason of the facts stated in the certificate a stay would, in the official’s opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board or by a court of record on application, on notice to the Building Official, and on due cause shown. The Board of Adjustment shall give a reasonable time for the hearing on the appeal, give public notice thereof and decide the same within a reasonable time. At the hearing any party may appear in person or by agent, or by attorney. Before an appeal is filed with the Board of Adjustment, the appellant shall pay to the City Treasurer, to be credited to the General Fund of the City, the cost of publishing said notice and the administrative cost of said appeal as determined by the Board. In exercising the above-mentioned powers, the Board may, in conformity with the provisions of law, reverse or affirm, wholly or partly, or modify the order, requirement, decision, or determination as it believes proper, and to that end shall have all the powers of the Building Official. The concurring vote of three of the members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Building Official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance; provided, however, the action of the Board shall not become effective until after the resolution of the Board, setting forth the full reason for its decision and the vote of each member participating therein, has been spread upon the minutes. Such resolution, immediately following the Board’s final decision, shall be filed in the office of the City Clerk, and shall be open to public inspection.

   5.   Review by Council. The Council may provide for its review of variances granted by the Board of Adjustment before their effective date. The Council may remand a decision to grant a variance to the Board of Adjustment for further study. The effective date of the variance is delayed for 30 days from the date of the remand.