There is hereby created in the City a board of adjustment which shall consist of five members who shall be residents of the City and who shall serve without compensation. Members shall be appointed by the mayor with the consent of a majority of the city council. Of the initial appointments, two members shall be appointed for a term of one year, two members shall be appointed for a term of two years, and one member shall be appointed for a term of three years. All subsequent appointments shall be for a three-year term or until a successor is appointed by the mayor with the consent of a majority of the City council. Any member may be eligible for reappointment.

Should a member of the board of adjustment have unexcused absences at three consecutive meetings, such member shall be replaced upon notification by the chairman of the board.

Vacancies on the board shall be filled by the mayor and confirmed by the City council for the unexpired term of the person leaving such vacancy.

The board of adjustment shall designate the terms of office and the officers of the board from its own membership.

Public notice shall be given of all hearings and all hearings shall be open to the public.

The board shall keep a record of the proceedings, either stenographically or by second recording, and a transcript of the proceedings and copies of graphic or written material received in evidence shall be made available to any part at cost.

The board shall render written decisions, accompanied by findings of fact and conclusion based thereon. Conclusions based on any provision of this chapter, or on any rule or regulation must contain a reference to such provision, rule, or regulation and the reason why the conclusion is deemed appropriate in light of the facts found.

Vary or adjust the strict application of any of the requirements of any ordinance adopted pursuant to this article in the case of any physical condition applying to a lot or building if the strict application would deprive the owner of the reasonable use of the land or building involved. No adjustment in the strict application of any provision of an ordinance may be granted unless:

Grant exceptions and variances upon request after a showing that an illegal construction or a nonconforming building or use existed for a period of five years in violation of local ordinance and the City has not taken steps toward enforcement.

Unless construction actually begins or the use commences, a variance by the board shall expire within one hundred and eighty days of the date it was granted or within such time as the board may grant a variance extension for good cause shown, if an application for such extension is made prior to the expiration of the variance.

In exercising its powers, the board may reverse or affirm wholly or partly, or modify the order, requirement, decision or determination as necessary.

The concurring vote of a majority of the board is necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the application on any matter upon which it is required to pass under any ordinance or to effect any variation in the ordinance.

Any matter may be reheard as provided by Rules 8.01, 8.02 and 8.03, Wyoming Rules of Appellate Procedure.

A variance may be revoked or modified by the board of adjustment, after a public hearing, on any one or more of the following grounds:

Not withstanding any language to the contrary, the board of adjustment shall have no power to consider or grant a use variance. Use variance shall be defined as a use of land other than that which is prescribed by the zoning regulations applicable to a zoning district established in this chapter.