1.   Board Created. A Board of Adjustment is hereby established which shall consist of five (5) members. The terms of office of the members of the board and the manner of their appointment shall be as provided by statute.

   2.   Meetings. Meetings of the board shall be held at the call of the Chairperson, and at such other times as the board may determine. Such Chairperson, or in the absence of the Chairperson, 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 on each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record. The presence of three members shall be necessary to constitute a quorum.

   3.   Appeals. Appeals to the board may be taken by any person aggrieved, or by any officer, department, board, or bureau of the City affected by any decision of the administrative official. Such appeal shall be taken within ten (10) days by filing with the administrative official and with the board a notice of appeal specifying the grounds thereof. The administrative official shall forthwith transmit to the board all papers constituting the record upon which the action appealed from is taken. An appeal stays all proceedings in furtherance of the action appealed from, unless the administrative official certifies to the board after notice of appeal shall have been filed with such official, that by reason of facts stated in the certificate a stay would in the opinion of the administrative official cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application, on notice to the administrative official, and on due cause shown.

   4.   Hearings; Notice. The board shall fix a reasonable time for the hearing on the appeal, give public notice thereof as well as due notice to the parties in interest, and decide the same within a reasonable time. At the hearing, any party may appear in person or by agent, or by attorney. Before an appeal is filed with the board, the appellant shall pay an appeal fee to be credited to the general fund of the City.

   5.   Powers – Administrative Review. The board shall hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the administrative official in the enforcement of this chapter.

   6.   Powers – Special Exceptions. The board shall permit the following exceptions to the district regulations set forth in this chapter subject to the requirements of this section:

      A.   To permit erection and use of a building or the use of premises or vary the height and the regulations in any location for a public service corporation for public utility purposes or public communication, which the board determines is reasonably necessary for the public convenience or welfare.

      B.   To permit the extension of a use into a district where it would be otherwise prohibited, in a case where a district boundary line is so located that a lot or plot is in more than one district.

      C.   To hear and decide only such other special exceptions as the board is specifically authorized to pass on by the terms of this chapter; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under this chapter, or to deny special exceptions when not in harmony with the purpose or intent of this chapter. A special exception shall not be granted by the board unless and until:

         (1)   A written application for special exception is submitted indicating the section of this chapter under which the special exception is sought and stating the grounds on which it is requested.

         (2)   Notice of public hearing shall be given at least 15 days in advance of public hearing. The owner of property for which special exception is sought or such owner’s agent and any other affected property owners shall be notified by mail.

         (3)   The public hearing shall be held. Any party may appear in person, or by agent or attorney.

         (4)   The board shall make a finding that it is empowered under the section of this chapter described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public interest.

In granting any special exception, the board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violations of such conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this chapter. The board may prescribe a time limit within which the action for which the special exception is required shall be begun or completed, or both. Failure to begin or complete, or both, such action within the time limit set shall void the special exception.

   7.   Powers – Variances. The board may authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. A variance from the terms of this chapter shall not be granted by the board unless and until:

      A.   A written application for a variance is submitted demonstrating:

         (1)   That special conditions and circumstances exist which are peculiar to the land, structure, or building involved, and which are not applicable to other lands, structures, or buildings in the same district; and

         (2)   That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter; and

         (3)   That the special conditions and circumstances do not result from the actions of the applicant; and

         (4)   That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or buildings in the same district. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts shall be considered to be grounds for the issuance of a variance.

      B.   Notice of public hearing shall be given at least fifteen (15) days in advance of public hearing. The owner of the property for which a variance is sought or said owner’s agent and any other affected property owners shall be notified by mail.

      C.   The public hearing shall be held. Any party may appear in person, or by agent or by attorney.

      D.   The board shall make findings that the requirements stated above have been met by the applicant for a variance.

      E.   The board shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.

      F.   The board shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

In granting any variance, the board may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter. Under no circumstances shall the board grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by implication prohibited by the terms of this chapter in said district.

   8.   Powers – Special Use Permits. The board shall hear and decide applications for special use permits in accordance with the provisions in Section 165.21(4) of this chapter.

   9.   Decisions of the Board of Adjustment. In exercising the above-mentioned powers, the board may, so long as such action is in conformity with the terms of this chapter, 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 made, and to that end shall have powers of the administrative official from whom the appeal is taken. The concurring vote of three (3) members shall be necessary to reverse any order, requirement, decision, or determination of the administrative official, or to decide in favor of the applicant on any variation in the application of this chapter.

   10.   Appeal from Decision of the Board of Adjustment. Any taxpayer or any officer, department, board, or bureau of the City, or any person jointly or severally aggrieved by any decision of the Board of Adjustment may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying grounds of the illegality. Such petition shall be presented to the court within thirty (30) days after the filing of the decision in the office of the board. The court may reverse, affirm, wholly or in part, or may modify the decision brought up for review.