(A)   There is hereby created a Board of Adjustment in and for the City. Such Board shall consist of five residents of the City, each to be appointed by the Mayor and confirmed by Council, for terms of three years. (1956 Code Sec. 1315.01)

   (B)   There is hereby created the position of Deputy Secretary to the Board of Adjustment.

(Ord. 46-60. Passed 4-18-60.)

   The Board of Adjustment shall adopt, from time to time, such rules and regulations as it may deem necessary to carry into effect the provisions of this Zoning Code. The Board shall hear and decide appeals from and shall review any order, requirement, decision or determination made by the Zoning Administrator in the administration of this Zoning Code. It shall also hear and decide all matters referred to it or upon which it is required to pass under the provisions of this Zoning Code.

(Ord. 222-18. Passed 9-24-18.)

   The concurring vote of four members of the Board of Adjustment shall be necessary to reverse or modify any order, requirement, decision or determination from which there has been an appeal. However, at any meeting of the Board at which only three members are present, the unanimous vote of such three members shall be sufficient for such action.

(1956 Code Sec. 1315.03)

   The Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from. The Board shall make such order, requirement, decision or determination as, in its opinion, ought to be made in the premises, and to that end shall have the powers of the office from which the appeal is taken.

(1956 Code Sec. 1315.04)

   (A)   The Board of Adjustment shall have the power, in specific cases where, owing to special conditions a literal enforcement of the provisions of this Zoning Code will result in unnecessary hardship, to so vary the application of such provisions in harmony with the public interest and with the spirit of this Zoning Code that substantial justice shall be done. When, in its judgment, the public interest will be substantially or permanently injured, the Board may, in a specific case, after public notice and hearing and subject to appropriate conditions and safeguards, determine and vary the application of the district regulations herein established in harmony with their general purposes and intent.

   (B)   Notwithstanding the provisions of subsection (a) hereof, the Board shall have authority to waive the public notice and hearing required therein when it appears, to the satisfaction of the Board, in a specific case, that the owners of all abutting property concerned have consented in writing to the relief requested or have waived such notice and hearing.

(Ord. 131-82. Passed 9-20-82.)

   When an appeal from an order, requirement or decision made by the Zoning Administrator in the administration of this Zoning Code is filed with the Board of Adjustment, or when any application for a special permit or for the rendition of certain relief authorized by the provisions of this Zoning Code is made to the Board, the petitioner or appellant shall pay a fee, as required in Chapter 1290, to cover the costs of necessary investigation, legal notice and other expense incidental to the determination of such matter. The payment of such fee shall be a prerequisite to the consideration of any such matter by the Board. Such fees shall be deposited with the Clerk of the Board, who shall thereupon deliver the money to the City Treasurer to be credited to the General Fund of the City.

(Ord. 223-18. Passed 9-24-18.)