When a need arises, there shall be appointed by the city council, a board of adjustment, consisting of five (5) members, who shall serve without pay, each to be appointed by the mayor, with the consent of the city council, from among the qualified electors of the city, and they shall serve without compensation. Each member is to be appointed for a term of five (5) years; provided, that the terms of the members of the first board appointed shall be such that the term of one member shall expire each year. Any member may be removed for cause by the appointing authority upon written charges and after public hearing, if such public hearing is requested. Vacancies shall be filled for the unexpired term of any member whose office becomes vacant. One member, but not more than one, of the planning and zoning commission shall be a member of the board of adjustment. (Ord., 9-3-1996)

The board of adjustment shall organize and elect a chairperson, and adopt rules in accordance with the provisions of this title and other laws. Meetings of the board shall be held at the call of the chairperson and at such times as the board may define. The chairperson, or in his absence 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 and failing to vote, indicating such fact, and shall keep records of its examinations and other official action, all of which shall be immediately filed in the office of the board and shall be a public record. (Ord., 9-3-1996)

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by the decision of the administrative officer. Such appeal shall be taken within a reasonable time as provided by the rules of the board by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken. (Ord., 9-3-1996)

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment 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 restraining order, which may be granted by the board of adjustment or by the district court on application and notice and on due cause shown. (Ord., 9-3-1996)

The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and shall decide the same within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. (Ord., 9-3-1996)

The board of adjustment shall have the power and duty to:

   A.   Appeals: Hear and decide appeals where it is alleged that there is error in any order, requirement, decision or discrimination made by the administrative official in the enforcement of this title, or of any ordinance adopted pursuant thereto.

   B.   Special Exceptions: Hear and decide special exceptions to the terms of this title upon which such board is required to pass under this title.

   C.   Variances: Authorize upon appeal such variance from the terms of this title as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of this title will result in unnecessary hardship; provided, that the spirit of this title shall be observed and substantial justice done. Before any variance may be authorized, however, it shall be shown that:

      1.   The variance will not substantially affect the comprehensive plan of zoning in the city and that adherence to the strict letter of this title will cause difficulties and hardships, the imposition of which upon the petitioner is unnecessary in order to carry out the general purpose of the plan.

      2.   There are special circumstances attached to the property covered by the application which do not generally apply to the other property in the same district.

      3.   That because of said special circumstances, property covered by application is deprived of privileges possessed by other properties in the same district; and the granting of the variance is essential to the enjoyment of the substantial property right possessed by other property in the same district. (Ord., 9-3-1996)

The concurring vote of all members of the board shall be necessary to reverse any order, requirement or determination of any such administrative official, or to decide in favor of the appellant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in this title. (Ord., 9-3-1996)

In exercising the above mentioned powers, such board may, in conformity with the provisions of this title, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be done, and to that end shall have all the powers of the officer from whom the appeal is taken. (Ord., 9-3-1996)

The city or any person aggrieved by any decision of the board of adjustment may have and maintain a plenary action for relief therefrom in any court of competent jurisdiction; provided, petition for such relief is presented to the court within thirty (30) days after the filing of such decision in the office of the board of adjustment. (Ord., 9-3-1996)