A board of adjustment is hereby established which shall consist of five (5) members. The term of office of the members of the board and the manner of their appointment shall be as provided by statute. (1983 Code § 11-1-28A)

The 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 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 (3) members shall be necessary to constitute a quorum. (1983 Code § 11-1-28B)

Board members shall not represent applicant or appellants before the board nor shall board members discuss pending cases with applicants or appellants or express opinion on the merits except as part of the official board proceedings. (1983 Code § 11-1-28C)

   A.   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 officer. Such appeal shall be taken within ten (10) days by filing with the administrative officer and with the board, a notice of appeal specifying the grounds thereof. The administrative officer shall forthwith transmit to the board all papers constituting the record upon which the action appealed from is taken.

   B.   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 him, that by reason of facts stated in the certificate a stay would, in his opinion, 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 officer, and on due cause shown.

   C.   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. (1983 Code § 11-1-28D)

Fees shall be established by the city council. (1983 Code § 11-1-28E)

The board shall have the following powers and duties:

   A.   Hear And Decide Appeals: To hear and decide appeals where it is alleged there is an error in order, requirement, decision or determination made by the zoning administrator in enforcement of this title.

   B.   Authorize Variances: To authorize upon appeal in specific cases such variance from the terms of this title as will not be contrary to the public interests, where owing to special conditions a literal enforcement of provisions of this title will result in unnecessary hardship, and so that the spirit of this title shall be observed and substantial justice done. A variance from the terms of this title shall not be granted by the board unless and until:

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

         a.   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;

         b.   That literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this title;

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

      3.   The board shall make findings that the requirements of this section have been met by the applicant for a variance.

      4.   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.

      5.   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 title, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

      6.   In granting any variance, the board may prescribe appropriate conditions and safeguards in conformity with this title. 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 title and punishable under section 9-14-4 of this title.

      7.   Under no circumstances shall the board grant a variance to allow a use not permissible under the terms of this title in the district involved, or any use expressly or by implication prohibited by the terms of this title in said district. (1983 Code § 11-1-29; amd. ORd. 25-10, 4-7-2025)

It is the intent of this title that all questions of interpretation and enforcement shall be first presented to the administrative official, and that such questions shall be presented to the board of adjustment only on appeal from the decision of the administrative official, and that recourse from the decisions of the board of adjustment shall be to the courts as provided by law and particularly by statute. It is further the intent of this title that the duties of the city council in connection with this title shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this chapter. Under this title, the city council shall have only the duties of:

   A.   Considering and adopting or rejecting proposed amendments or the repeal of this title, as provided by law;

   B.   Of establishing a schedule of fees and charges. (1983 Code § 11-1-30)

The board is hereby granted authority to hear all applications for special use permits as defined in chapter 10 of this title. (Ord. 05-06, 6-6-2005)

If a board member has been absent from three (3) or more consecutive regular meetings, the city clerk shall include this as an item on the agenda for the next regular council meeting. At that meeting, the council shall set a date for a hearing and direct the city clerk to give the member notice of the hearing by personal service or first class mail to the member's last known address. At the hearing, the board member shall have the right to present information on why one or more of the absences should be excused. If the council does not excuse one or more of the member's absences by a majority vote at the conclusion of the hearing, there shall be a vacancy on the board. (Ord. 12-10, 10-1-2012)