There is created a board of adjustment consisting of five members, each to be appointed by the city council for a term of two years and removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose place becomes vacant for any cause, in the same manner as the original appointment was made. The city council shall appoint four alternate members, who shall serve in the place of an absent regular member at the request of the chairman or mayor. The alternate members, when appointed, shall serve for the same period as the regular members, which is for a term of two years; and any vacancy shall be filled in the same manner, and they shall be subject to removal the same as the regular members.

(Ordinance 06-09, § 2, 3-23-06)

The board of adjustment shall adopt rules to govern its proceedings provided such rules are not inconsistent with this chapter or statutes of the state. Meetings of the board shall be held at the call of the chairperson and at such times as the board may determine. The chairperson, or in his absence 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 that indicate the vote of each member on each question or the fact that a member is absent or fails to vote. The board shall keep records of its examinations and other official actions. The minutes and records shall be filed immediately in the board's office and are public records.

(Ordinance 06-09, § 2, 3-23-06)

The board of adjustment has the following authority:

(1)

To hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter. In exercising the authority under this subsection, the board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the board has the same authority as the administrative official.

(2)

To authorize in specific cases a variance from the terms of this chapter if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of this chapter would result in unnecessary hardship, and so that the spirit of this chapter is observed and substantial justice is done.

(3)

When in its judgment the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured, the board of adjustment may, in specific cases, after public notice and public hearing, and subject to appropriate conditions and safeguards, authorize the following special exceptions to the regulations established in this chapter:

a.

Permit the reconstruction, extension or enlargement of a building occupied by a lawful nonconforming use on the lot or tract occupied by such building, provided such reconstruction does not prevent the return of such property to a conforming use and permit the expansion of off-street parking or off-street loading for a nonconforming use.

b.

Permit such modifications of the height, yard, area, coverage and parking regulations as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of such restricted area, shape or slope that it cannot be appropriately developed without such modification.

c.

Require the discontinuance of nonconforming uses of land or structure under any plan whereby the full value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this chapter. All actions to discontinue a nonconforming use of land and structure shall be taken with due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and conservation and preservation of property. The board shall, on its own motion or upon cause presented by interested property owners, inquire into the existence, continuation or maintenance of any nonconforming use within the city.

(4)

To hear and decide special exceptions to the terms of this chapter when a provision of this chapter or this Code requires or authorizes the board to do so. In this regard the board may grant only special exceptions that are authorized to be granted by the terms of the provision.

(5)

To hear and decide other matters authorized by an ordinance of the city.

(6)

To subpoena witnesses, administer oaths, and may require the production of documents.

(Ordinance 06-09, § 2, 3-23-06)

(a)

Any of the following persons may appeal to the board of adjustment a decision made by an administrative official:

(1)

A person aggrieved by the decision; or

(2)

Any officer, department, board, or bureau of the city affected by the decision.

(b)

The appellant must file with the board and the official from whom the appeal is taken a notice of appeal specifying the grounds for the appeal. The appeal must be filed within a reasonable time as determined by the rules of the board. On receiving the notice, the official from whom the appeal is taken shall immediately transmit to the board all the papers constituting the record of the action that is appealed.

(c)

An appeal stays all proceedings in furtherance of the action that is appealed unless the official from whom the appeal is taken certifies in writing to the board facts supporting the official's opinion that a stay would cause imminent peril to life or property. In that case, the proceedings may be stayed only by a restraining order granted by the board or a court of record on application, after notice to the official, if due cause is shown.

(Ordinance 06-09, § 2, 3-23-06)

(a)

The concurring vote of 75 percent of the members of the board is necessary to:

(1)

Reverse an order, requirement, decision or determination of an administrative official;

(2)

Decide in favor of an applicant on a matter on which the board is required to pass under this chapter; or

(3)

Authorize a variance from the terms of this chapter.

(b)

The decision of the board shall in all cases be final. Judicial review of any decision of the board shall be in accordance with state law.

(Ordinance 06-09, § 2, 3-23-06)