(A)   A Board of Adjustment is established by the City Council.

   (B)   The Board of Adjustment shall consist of five members and four alternate members who are registered voters in the city and property owners in the city. Members and alternate members shall serve for a term of two years each or until their respective successors are qualified. Alternate members shall serve in the absence of one or more regular members when requested to do so. No member shall serve more than three full consecutive terms on the Board of Adjustment.

   (C)   During the month of September of each year, or as soon thereafter as is reasonably practicable, the City Council shall appoint members to fill all vacancies expected to occur on the Board of Adjustment during the succeeding 12 month period. The term of each member shall begin on January 1 of the year following in which the member was appointed.

   (D)   Vacancies on the Board of Adjustment shall be filled as follows.

      (1)   Alternate members shall take the oath of office and shall be called to serve whenever a quorum of regular members is not expected. Alternate members shall be called for service in the order named by the City Council. Alternate members are encouraged to attend the Zoning Board of Adjustment hearings when not scheduled to serve.

      (2)   If a vacancy shall occur in the regular members, the first eligible alternate member shall proceed to serve the unexpired term of the vacant seat, and the Chair shall thereupon send notice to the City Council, with a request to appoint an additional alternate member.

   (E)   The Board shall adopt rules in accordance with the provisions of this subchapter. Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. Such chairman or, in his absence, the acting chairman may administer oaths and compel the attendance of witnesses. All meetings of the Board will 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 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 public record. The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.

(Ord. 2001-36, passed 11-13-01)

   (A)   A person aggrieved by a decision made by an administrative official, or any officer, department, board, or bureau of the city affected by such a decision, may appeal the decision to the Board of Adjustment. 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 and by paying a filing fee established by the City Council, at the time the notice is filed, which shall be credited to the General Fund of the city. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. 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 or appeal shall have been filed that by reasons of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application or notice to the officer from whom the appeal is taken and on the cause shown.

   (B)   The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, giving public notice hereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

(Ord. 2001-36, passed 11-13-01)

   (A)   The Board of Adjustment shall have the following powers:

      (1)   Appeals. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter.

      (2)   Consideration. When a property owner can show that a strict application of the terms of this chapter relating to the use, construction, or alteration of buildings or structures or the use of land will impose upon him practical difficulties or particular hardship, the Board may consider and allow variations of the strict application of the terms of this chapter if the variations are in harmony with the general purpose and intent of this chapter, and the Board is satisfied, under evidence heard by it, that a granting of the variation will not merely serve as a convenience to the applicant but will alleviate some demonstrable hardship or difficulty so great as to warrant a variation from the comprehensive plan by this chapter created.

      (3)   Authorization. The Board may authorize a variance where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property of record at the time of the adoption of this chapter or by reason of exception topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of a provision of this chapter would result in peculiar and exceptional practical difficulties and particular hardship upon the owner of the property and amount to a practical confiscation of the property as distinguished from a mere inconvenience to the owner, provided the variation can be granted without substantial detriment to the public good and without substantially impairing the general purpose and intent of the comprehensive plan as established by the regulations and provisions contained in this chapter.

      (4)   Special exceptions. When in its judgment the public convenience and welfare will not be substantially or permanently injured, the Board of Adjustment may in a specific case, after public notice and hearing and subject to appropriate conditions and safeguards, authorize special exceptions to the regulations herein established as follows:

         (a)   To permit a transitional use between a business or industrial district and a dwelling district where the side of a lot in a one family district or a two family district abuts upon a lot zoned for business or industrial purposes. On a lot in a single family dwelling district which sides upon a lot zoned for business or industrial purposes, the board may permit a two family dwelling.

         (b)   Permit the extension of a building or use into a more restricted district, immediately adjacent thereto, but not more than 50 feet beyond the boundary line of the district in which such building or use is authorized.

         (c)   Permit such modification of yard, open space, lot area, or lot width regulations as may be necessary to secure an appropriate improvement of a parcel of land if such parcel is separately owned at the time of the original passage of this chapter or subsequent annexation of the city and is of such restricted area that it cannot be appropriately improved without such modification.

         (d)   To determine in cases of uncertainty the classification of any use not specifically named in this chapter.

         (e)   To grant a permit for the extension of a use, height, or area regulation into an adjoining district, where the boundary line of the district divided a lot in a single ownership at the time of the adoption of this chapter.

         (f)   To permit as an accessory use a parking area for passenger automobiles on a lot or lots in a single family, duplex, or apartment house district adjoining or across a street of not more than 50 feet in width from an R-1 or R-2 District, subject, however, to the following provisions:

            1.   The area shall be properly enclosed with a hedge, screen, fence, wall or other suitable enclosure having a height of not less than three feet nor more than six feet. Such fence or enclosure shall conform to the front yard regulations of the district in which it is located.

            2.   The area shall be paved.

            3.   No parking of vehicles shall be permitted within six feet of any adjoining lot on which is located a single family residence, duplex, or multiple dwelling.

            4.   One sign, not exceeding two and one-half square feet in area, may be erected identifying the lot.

            5.   No charges may be made for parking and no other business use may be made of the lot.

            6.   Any light used to illuminate the parking area shall be so arranged as to direct the light away from any adjoining premises used for residential purposes.

      (5)   Any appeal or permit granted by the Board of Adjustment shall not be valid if construction authorized by the permit is not begun within a period of 60 days.

   (B)    In exercising the above mentioned powers such Board may in conformity with the provisions of this subchapter, 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 all the powers of the officer from whom the appeal is taken

   (C)    In considering all appeals and all proposed variations to this chapter the Board shall, before making any finding, in a specific case, first determine that the proposed variation will not constitute any change in the district map and will not impair an adequate supply of light and air to adjacent property, or materially increase the congestion in public streets, or increase the public danger of fire and safety, or materially diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety, comfort, morals, and welfare of the city.

   (D)   Every variation granted or denied by the Board shall be accompanied by a written finding of fact, based on sworn testimony and evidence, specifying the reason for granting or denying the variation.

(Ord. 2001-36, passed 11-13-01)