1.

Designation and organization of board of zoning adjustment.

a.

The board of zoning adjustment, hereafter referred to as the board, shall consist of the members of the planning commission

b.

The board shall upon its creation, meet, organize and elect its own chairman who shall serve for one year or until the successor duly qualifies. The chairman may appoint a secretary who is not a member of the board, who shall hold office until relieved by the board.

2.

Meetings.

a.

Meetings of the board shall be held at such times and at such place or places as the board may designate, and may meet at any time on call or the chairman. The board shall maintain minutes of its proceedings, which minutes shall be public record.

b.

The presence of four members shall be necessary to constitute a quorum and the concurring vote of four members of the board shall be necessary to reverse any order, requirement, decisions or determination of a building inspector, or to decide in favor of the applicant on any matter upon which it is required to pass under the zoning ordinance, or to authorize a variance from the zoning regulations.

3.

Appeals from decisions of enforcement officer.

a.

The board shall hear appeals from an administrative decision of the enforcement officer who shall be designated by the city council concerning interpretation of the zoning regulations and shall decide whether such interpretation was in error or not.

4.

Variances.

a.

The board shall hear requests for variances from the literal provisions of this ordinance in instances where strict enforcement of this ordinance would cause undue hardship due to the circumstances unique to the individual property under consideration, and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of this ordinance.

b.

The board shall not permit, as a variance, any use in a zone that is not permitted under this ordinance.

c.

The board may impose conditions in the granting of a variance to ensure compliance and to protect adjacent property.

5.

Appeal from decision of board.

a.

Appeal from the decision of the board of adjustment shall be to a court having jurisdiction.

6.

Notice and fees.

a.

Whenever an appeal or application for a variance is made to the board, the board shall cause to have published at the expense of the appellant or applicant a notice of the time and place of the public hearing upon such appeal or application, which notice shall be published at least once not less than seven days preceding the date of such hearing in an official paper or a paper of general circulation, said notice to designate the particular location with which the appeal or application consists of. The board shall also give or cause to be given such additional notice of such hearing to interested persons and organizations as it shall deem feasible and practicable.