The zoning board of adjustment of the city shall have all of the powers and duties granted in section 8.04 of the home rule Charter of the city, as well as this article.

(Ord. No. 259, 7-17-61; Ord. No. 79-684, § 1, 2-19-79; Code 1958, § 25-20(a))

The zoning board of adjustment shall consist of five (5) members who shall be residents of the city and who shall serve without compensation.

(Ord. No. 259, 7-17-61; Ord. No. 79-684, § 1, 2-19-79; Code 1958, § 25-20(b))

All members of the zoning board of adjustment shall be appointed by the city council. Two (2) such members to be appointed in each odd-numbered year, and three (3) such members to be appointed in each even-numbered year, the appointments to be made each year within thirty (30) days following election. The term of office of each such member shall be two (2) years. In addition, a representative of the city manager shall be an ex officio member of the board and shall serve the board in an advisory capacity, but shall have no voting rights, and shall attend meetings as requested.

(Ord. No. 259, 7-17-61; Ord. No. 79-684, § 1, 2-19-79; Code 1958, § 25-20(c))

A board chairman and secretary shall be elected by the board annually, and the board shall establish its own rules and procedures which shall include the following:

(1)

A quorum shall consist of four (4) voting members of the board, and an affirmative vote of four (4) members of the board shall be necessary to pass upon pending questions, or 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 the board may or is required to pass under this section, the chairman being entitled to vote upon all questions.

(2)

Meetings shall be held as needed.

(3)

A record of all proceedings shall be kept, which records shall be filed with the person performing the duties of the city secretary.

(4)

Notice of meetings of the zoning board of adjustment shall be provided to persons living within two hundred (200) feet of the property that is the subject of a variance request or an appeal from a decision of an administrative official.

(Ord. No. 259, 7-17-61; Ord. No. 79-684, § 1, 2-19-79; Code 1958, § 25-20(e); Ord. No. 97-1413, § 1, 3-3-97)

Appeals to the board of adjustment shall be taken within a reasonable time as determined by the rules of the board, complete with a notice of appeal specifying the grounds thereof. The officer, or body, 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.

(Ord. No. 259, 7-17-61; Ord. No. 79-684, § 1, 2-19-79; Code 1958, § 25-20(f))

The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time or thirty (30) days, whichever is less. Upon the hearing, any party may appear in person or by agent or by attorney. An applicant for a variance or an appellant from an administrative decision shall have the burden of proving that his proposed use is reasonably necessary and that it will not conflict with the public interest or adversely affect uses of adjacent and neighboring property.

(Ord. No. 259, 7-17-61; Ord. No. 79-684, § 1, 2-19-79; Code 1958, § 25-20(g))

In no case shall it be appropriate for the zoning board of adjustment to hear and make special exceptions to this chapter.

(Ord. No. 259, 7-17-61; Ord. No. 79-684, § 1, 2-19-79; Code 1958, § 25-20(h))

The cases which are appropriate for the zoning board of adjustment to hear and decide are limited to the following:

(1)

Appeals from a decision of an administrative official:

a.

In the enforcement of this chapter or any ordinance adopted pursuant thereto.

b.

In the refusal of building permits for any use that is permitted by this chapter for the zone where the proposed building would occur.

(2)

Variances from the terms of this chapter as will not be contrary to the public interest where there is an unusual condition and a literal enforcement of the provisions of this chapter will result in unnecessary hardship to the applicant with regard to this chapter, including:

a.

Building lines.

b.

Side line setback.

c.

Rear line setback.

d.

Front line setback.

e.

Lot size.

f.

Width or length of lots.

g.

Permitting driveways to intrude on easements.

h.

Building slab heights.

i.

Home occupations.

j.

Cases in which this chapter does not permit any reasonable use of a tract or lot, not merely to accommodate the highest or best use of the property.

k.

Abatement of, extension of, or addition to a nonconforming use.

(Ord. No. 259, 7-17-61; Ord. No. 79-684, § 1, 2-19-79; Code 1958, § 25-20(i); Ord. No. 06-1828, § 1, 11-20-2006)