A board of adjustment is hereby established, which shall consist of five members and four alternates to be appointed by the city council, each for a term of two years. Members and alternates of the board of adjustment may be removed from office by the city council when absent from two consecutive meetings without an excuse or for cause upon written charges and after public hearing. Vacancies shall be filled by the city council for the unexpired term of the member affected.

A.

Proceedings of the board of adjustment.

(1)

The board of adjustment shall adopt rules necessary to the conduct of its affairs, elect a chairperson and an acting chairperson, and act in keeping with the provisions of this appendix. Meetings shall be held at the call of the chairperson and at such other times as the board may determine. The chairperson, or in his absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.

(2)

The board of adjustment 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 all of which shall be immediately filed in the office of the board and shall be public record.

B.

Application. Appeals to the board of adjustment concerning interpretation or administration of this appendix may be taken by any person aggrieved by the decision or any officer, department, board, or bureau of the city affected by the decision of the administrative official. Such appeals shall be filed not later than the 20 ^th day after the date the decision is made, by filing with the official from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. On receiving the notice, the official from whom the appeal is taken shall immediately transmit to the board all the papers constituting the record of the action that is appealed. A member of the governing body of the municipality who serves on the board of adjustment may not bring an appeal under this section.

C.

Notification. Any request for an appeal, variance or special exception shall require a public hearing before the board. A written notice of the hearing shall be sent to owners of property situated within 200 feet of the exterior boundary of the property with respect to which such appeal, variance or exception is requested ten days prior to public hearing. It shall be sufficient that such written notice is addressed to the owner appearing on the most current tax roll of the city and addressed to such owner at the address stated on said roll. If no owner is stated on the tax roll, or no address appears thereon, the written notice to such property owner shall not be required.

The city council and planning and zoning commission shall be informed of any hearing for an appeal, variance or special exception of the zoning or sign ordinance.

D.

Fee. A processing fee as described in section 14 shall be paid to the city in advance of the hearing. In the event the application is withdrawn prior to the mailing of the required written notification or publication in the official newspaper, the fee shall be refunded.

E.

Hearings. The board shall set a reasonable time for the appeal hearing. A party may appear at the hearing in person or by agent or by attorney. The board shall decide the appeal at the next meeting for which notice can be provided following the hearing and not later than the 60 ^th day after the date the appeal is filed.

F.

Stay of proceedings. An appeal stays all proceedings in furtherance of the action that is appealed, unless the official from whom the appeal is taken certifies in writing to the board facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the board of adjustment or by a court of record on application, after notice to the official if due cause is shown.

(Ord. No. 2020-16, § 2, 4-6-2020)