A board of appeals is established for the purpose of hearing appeals, recommendations, appeals from decisions of the building inspector, requests for variances where there are practical difficulties or particular hardships in the way of carrying out the strict letter of this title and requests for an amendment hereof.

(Ord. 483 § 5.1, 1970).

A.

The board of appeals shall consist of seven members, appointed by the mayor, with and by the consent of the city council.

B.

Terms of the members shall be one for one year, one for two years, one for three years, one for four years, one for five years, one for six years and one for seven years, the successor to each member so appointed to serve for a term of five years.

C.

Vacancies shall be filled for the unexpired term of the member whose place has become vacant.

(Ord. 483 § 5.2A, 1970).

A.

The board of appeals shall have authority to judge appeals, to make decisions on variances subject to the power of the city council as stipulated hereunder, and to recommend to the city council proposed amendments.

B.

It shall make interpretations of this title upon request only to maintain the harmony and purpose of this title.

(Ord. 483 § 5.2, 1970).

The board of appeals may from time to time adopt rules and regulations as may be necessary to carry into effect the provisions of this title and its own government.

(Ord. 483 § 5.3, 1970).

Every order, requirement, decision or determination made by the building inspector under provisions of this title shall be immediately reduced to writing and filed in the office of the city clerk and a copy thereof delivered to all persons affected thereby.

An appeal from any such order, requirement, decision or determination of the building inspector may be taken by any persons adversely affected to the board of appeals in writing, signed by the applicant and filed with the city clerk within fifteen days after the delivery of the copy thereof, and request a hearing before the board of appeals.

(Ord. 483 § 5.4, 1970).

A.

There shall be a fee of three hundred fifty dollars, payable to the city clerk, for a request for a hearing before the board of appeals for the request for a variance or amendment to any provision of this title. All such requests shall be in writing, signed by the applicant, and filed with the city clerk. The applicant shall be responsible for the preparation of the application for variance or amendment and shall pay any and all costs and expenses for the publication of any notices required by this chapter.

B.

There shall be no fee for the request for a hearing of an appeal from the determination or decision of the building inspector, or any provision of this title, not involving a variation or an amendment.

C.

An appeal shall not be construed as a request for a variance or amendment.

(Ord. 02-03-15, 2003: Ord. 80-8l-10 (part), 1981; Ord. 483 §§ 5.6, 5.7, 1970).

A.

All meetings of the board of appeals shall be held at the call of the chairperson, or in his or her absence, the acting chairperson, at such times as the board may determine.

B.

The board of appeals shall give notice of any hearings intended, giving the time and place, at least once not more than thirty nor less than fifteen days before said hearing in one or more newspapers circulated within the area of jurisdiction of this title.

C.

The chairperson, or in his or her absence, the acting chairperson, may administer oaths and compel the attendance of witnesses.

D.

All meetings of the board shall be open to the public.

E.

The board shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating that fact.

F.

Each member of the board of appeals shall receive the sum of twenty-five dollars for each such meeting actually attended by such member.

(Ord. 02-03-14, 2003: Ord. 80-81-10(part), 1981; Ord. 483 § 5.7, 1970).

When the hearing of the board of appeals does not involve a request for a variance or amendment the decision of said board is final and shall not be subject to the power of the city council to reverse or modify the decision of said board.

(Ord. 483 § 5.8, 1970).

When a hearing of the board of appeals involves a proposed variance the decision of said board shall be submitted to the city council, when said decision is made to grant a variance. Thereafter said decision of the board shall be subject to the power of the city council to prohibit, in whole or in part, the granting of said variation in respect to the classification, regulation, and restriction, of the location of trades and industries and the location of buildings designed for specified, industrial, business, residential and other uses.

(Ord. 483 § 5.9, 1970).

A.

When a hearing of the board of appeals involves a proposed amendment, a recommendation from said board shall be submitted to the city council.

B.

Thereafter, the city council may enact by ordinance the proposed amendment with or without change, or may refer it back to the board of appeals for further consideration.

C.

No amendment shall be made by the corporate authorities without a hearing before the board of appeals.

(Ord. 483 § 5.10, 1970).

There is created the office of building inspector of the city, who shall be appointed by the mayor with and by the consent of the city council.

(Ord. 483 § 3.1, 1970).

The building inspector sha1l have the initial responsibility and authority for the literal interpretation and enforcement of the zoning ordinance, and all other applicable ordinances. The building inspector shall refer certain matters calling for further interpretations to the board of appeals, as directed by various provisions of the ordinance.

He shall issue building permits and inspect buildings, structures and uses of lands for violations of this title. Said building inspector shall have the right to enter upon and inspect any premises in the performance of his duties.

(Ord. 483 § 3.2, 1970).

The compensation of the building inspector shall be determined by the city council.

(Ord. 483 § 3.3, 1970).

The building inspector shall maintain office hours sufficient for the performance of all duties imposed upon him under this code. He shall perform the duties imposed upon him under this code and be accessible to the public.

(Ord. 483 § 3.4, 1970).

The building inspector shall not be exposed to verbal or physical harassment in any manner while performing his duties. Requests for his service shall be made at reasonable times and for the convenience of the building inspector.

(Ord. 483 § 3.5, 1970).

Each decision, temporary use, judgment, interpretation, recommendation, variation and amendment shall be in strict harmony with the general purpose and intent of this title and shall be made only to alleviate some demonstrable hardship or difficulty so great as to warrant such actions by the board of appeals and the city council.

(Ord. 483 § 5.11, 1970).

The building inspector is designated and authorized to enforce the provisions of this title.

(Ord. 483 § 8.2, 1970).