(a)

The Board of Zoning Appeals shall consist of seven (7) members, all of whom shall be residents of the City. The members shall be appointed by the Mayor and with the consent of the City Council. The members shall be appointed for terms of three (3) years each; provided that appointments shall be so staggered that no more than three (3) members' terms shall expire in any given year. Vacancies shall be filled by appointment for the unexpired term. Members may be removed by the Mayor, by and with the consent of the City Council or upon a motion by a member of the City Council that is adopted by a two-thirds (⅔) majority vote of the City Council. Members shall remain in office until their successor takes office.

(b)

Officers. The Board of Zoning Appeals shall elect one (1) member as Chairperson and one (1) member as Vice-Chairperson who shall serve one (1) year and until their successors have been elected. A Secretary also shall be elected who may be an officer or an employee of the City.

(c)

Rules. The Board of Zoning Appeals shall adopt rules for the transaction of business and hearing procedures. Except as otherwise provided in this chapter, all action by the Board of Zoning Appeals shall require a quorum of the membership and a majority vote of those present.

(d)

Meetings. Meetings of the Board of Zoning Appeals shall be held at the call of the chairperson and at such other times as the Board of Zoning Appeals may determine.

(e)

Records. The Board of Zoning Appeals shall keep minutes of its proceedings, showing evidence presented, findings of fact by the Board of Zoning Appeals, decisions of the Board of Zoning Appeals and the vote upon each question. Records of all official actions of the Board of Zoning Appeals shall be filed at City Hall and shall be a public record.

(f)

Powers and duties. The Board of Zoning Appeals shall have the powers granted and duties delegated to it by this chapter and by statute, including:

(1)

To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by any administrative official in the enforcement of the zoning regulations;

(2)

To grant exceptions to the zoning regulations on the basis and in the manner specifically provided for by the zoning regulations;

(3)

To grant variances to the zoning regulations on the basis and in the manner provided for by this division and by statute; and

(4)

To the extent so authorized in the appropriate ordinance, the Board of Zoning Appeals may also act as the appeals board for any appeal of an alleged error in any order, requirement, decision or determination made by any administrative official in the enforcement of the City's building codes or property maintenance regulations.

(Development Ord. 2004, § 15-4-4.501; Ord. No. 1616, § 3, 12-14-2015)

(a)

Appeals. The Board of Zoning Appeals shall hear and decide appeals by any person, officer of the City, governmental agency or body affected by any decision of the officer administering the provisions of the zoning regulations where it is alleged there is error in any order, requirement, decision or determination made by said officer in the enforcement of the zoning regulations. An appeal shall be made within thirty (30) days of the order, requirement, decision or determination by filing a notice of appeal in writing with the City Clerk, specifying the grounds for the appeal, along with any applicable fee.

(b)

Hearing and notice. The Board of Zoning Appeals shall fix a reasonable time for the hearing of an appeal. Notice of the time, place and subject of such hearing shall be published once in the official City newspaper at least twenty (20) days prior to the date fixed for hearing. A copy of the notice shall be mailed to each party of the appeal.

(c)

Record. The officer from whom the appeal is taken shall transmit to the Board of Zoning Appeals all papers constituting the record of the matter being appealed.

(d)

Action by Board. In exercising these powers, the Board of Zoning Appeals, in conformity with the provisions of this chapter, may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken. The Board of Zoning Appeals may attach any appropriate conditions and may order the issuance of a permit.

(Development Ord. 2004, § 15-4-4.502)

(a)

Variances. The Board of Zoning Appeals may grant, in specific cases, a variance from the specific terms of the zoning regulations, which will not be contrary to the public interest and where, due to special conditions, a literal enforcement of the provisions of the zoning regulations, in an individual case, results in unnecessary hardship; and provided that, the spirit of the zoning regulations shall be observed, public safety and welfare secured, and substantial justice done. Variance shall permit any use not permitted by the zoning regulations for the applicable district. A request for a variance may be granted in this case upon a finding that all the following conditions have been met:

(1)

That the variance requested arises from a condition that is unique to the property in question and that is not ordinarily found in the same zone or district, and is not created by an action or actions of the property owners or the applicant;

(2)

That the granting of the variance will not adversely affect the rights of adjacent property owners or residents;

(3)

That the strict application of the zoning regulations from which a variance is requested will constitute unnecessary hardship upon the property owner represented in the application;

(4)

That the variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity or general welfare; and

(5)

That granting the variance desired will not be opposed to the general spirit and intent of the zoning regulations.

(b)

Applications for variance. An application shall be made in writing on the form provided by the City, and accompanied by the applicable fee. It shall contain: a statement of the reasons for the request, including any justification for the same; a plan of the site indicating specifically the character, location, and dimensions of the site element that is the subject of the request; and any additional information that may reasonably be pertinent to the request.

(c)

Placement on the agenda. When the City receives a completed application, including applicable fees, the request shall be placed on the Board of Zoning Appeal's next agenda, giving allowance for such time as necessary to allow for any required notice.

(d)

Hearing and notice. The Board of Zoning Appeals shall conduct a public hearing regarding the request. Notice of the time, place and subject of the hearing shall be published once in the official city newspaper at least twenty (20) days prior to the date fixed for hearing. A copy of the notice shall be mailed to each party of the request. Additionally, at least ten (10) days before the hearing the applicant shall mail by registered mail, return receipt request, written notice of the hearing and the nature of the request to all owners of record of real property located within two hundred feet (200') of the affected land.

(e)

Action by board. On the date set by notice, the Board of Zoning Appeals shall conduct a public hearing on the request. The hearing may be continued to a date certain for reasonable cause. Upon completion of the public hearing, the Board of Zoning Appeals shall take action on the request, subject to the standards set forth above. Any approval may include any appropriate conditions.

(Development Ord. 2004, § 15-4-4.503; Ord. No. 1582, § 19, 12-8-2014)

Any person, official or governmental agency dissatisfied with any order or determination of the Board of Zoning Appeals may bring an action in the County District Court to determine the reasonableness of any such order or determination within thirty (30) days of the final decision.

(Development Ord. 2004, § 15-4-4.504)