1.   A Zoning Board of Adjustment is hereby created. The Zoning Board of Adjustment shall consist of five members appointed by the Mayor and approved by the Council, each to be appointed for a term of five years, excepting that when the Board shall first be created one member shall be appointed for a term of five years, one for a term of four years, one for a term of three years, one for a term of two years, and one for a term of one year. Members shall be removable for cause by the Mayor and Council upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

2.   The Zoning Board of Adjustment shall adopt rules for the conduct of its business, establish a quorum and procedure, and keep a public record of all findings and decisions. Meetings of the Board shall be held at the call of the Chairperson and at such other times as the Board may determine. Each session of the Zoning Board of Adjustment, at which is exercised any powers granted under this section, shall be a public meeting with public notice of said meeting and business to be published in a newspaper of general circulation in the City, at least one time seven days prior to the meeting. Not less than seven days before said meeting, the City Clerk shall send a copy of the notice of said meeting and business, by certified mail, to the owners of the property included in any proposed change and to those owners immediately adjacent in the rear thereof extending the depth of one lot or not to exceed 200 feet therefrom and to those owners directly opposite thereto, extending the depth of one lot or not to exceed 200 feet from the street frontage of such opposite lots, at the address as shown by the records of the County Auditor. If a property is shown to be in the name of more than one owner at the same mailing address, a single notice may be mailed, addressed to all owners at that address. Failure to receive a mailed notice is not a defense to the proposed change.

3.   An appeal may be taken to the Zoning Board of Adjustment by any person, group or organization, public or private, affected by a decision of the Building Official. Such appeal shall be taken within such time as prescribed by the Board by general rule, by filing with the Building Official a notice of appeal, specifying the grounds thereof. A fee set by resolution of the Council, plus publication cost, shall accompany all notices of appeals. The Building Official shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

4.   The Zoning Board of Adjustment shall have the following powers:

   A.   To hear and decide appeals, where it is alleged there is an error in any order, requirement, decision or determination made by the Building Official in the enforcement of this chapter, and may affirm or reverse, in whole or part, said decision of the enforcement officer.

   B.   To hear requests for variances from the literal provisions of the zoning regulations in instances where strict enforcement of the zoning regulations would cause undue hardship due to circumstances unique to the individual property under consideration, and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the zoning regulations. The Zoning Board of Adjustment shall not permit, as a variance, any use in a zone that is not permitted under the chapter. The Zoning Board of Adjustment may impose conditions in the granting of a variance to insure compliance and to protect adjacent property.

   C.   To hold public hearings on and decide the following exceptions to or variations of this chapter:

      (1)   To permit the extension of a district where the boundary line thereof divides a lot held in a single ownership at the time of adoption of this chapter.

      (2)   Interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan, as shown upon the zoning district map where the street layout on the ground varies from the street layout as shown on this map.

      (3)   Classify commercial or industrial uses not specifically listed in this chapter.

      (4)   Permit reconstruction of a nonconforming building otherwise prohibited by Subsection 167.20(3) where such action would not constitute continuation of a monopoly.

      (5)   Vary the yard regulations where there is an exceptional or unusual physical condition of a lot, not generally prevalent in the neighborhood, which condition when related to the yard regulations of this chapter would prevent a reasonable or sensible arrangement of buildings on the lot.

      (6)   Vary the parking regulations by not more than 50 percent where it is conclusively shown that the specific use of a building would make unnecessary the parking spaces otherwise required by this chapter.

   D.   To hear and decide upon applications for conditional use permits specifically listed in the district regulations of this chapter. Before authorizing the issuance of such a conditional use permit, the Board may impose such conditions as will, in the Board’s judgment, insure that:

      (1)   The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

      (2)   The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.

      (3)   The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.

      (4)   Adequate utilities, access roads, drainage, and/or other necessary facilities will be provided.

      (5)   Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

      (6)   The conditional use shall in all other respects conform to the applicable regulations of the district in which it is located and the Board shall find that there is a public necessity for the conditional use.

5.   Decisions of the Board in respect to the above shall be subject to appeal to the District Court of Plymouth County within 30 days after the filing of the decision in the office of the Board.