7.101 There shall be a Board of Adjustment, consisting of five (5) members, who shall be qualified voters. All members shall be appointed by the Board of Mayor and Selectmen to serve for five (5) year staggered terms. All members shall be removable for cause upon written charges and after public hearings. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. The Board shall elect its own chair, who shall serve for one (1) year.

7.102 The Board shall adopt rules in accordance with the provisions of this ordinance. Meetings of the Board shall be held, at the call of the chair, and at such other times as the Board may determine. The Board shall keep minutes of its proceedings, showing the votes of each member upon each question.

7.103 Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer of the City of McComb affected by any decision of the [code] inspector.

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. Upon the hearing any party may appear in person or by agent or by attorney.

The powers of the board of adjustment shall be:

7.201 To interpret the land use regulation ordinance.

A.

To hear and decide the appeals where it is alleged there is an error in any requirement, decision, or determination made by the [code] inspector or in the enforcement of this ordinance.

B.

To interpret the provisions of this ordinance in such a way as to carry out the intent and purpose of the ordinance with regard to the official zoning map.

7.202 To Permit the following two (2) variances:

A.

Vary the yard regulations where there is an exceptional or unusual physical condition of a lot when related to the yard regulations of this ordinance would prevent a reasonable or sensible arrangement of buildings on the lot.

B.

Extensions and enlargements to existing buildings and structures being utilized for nonconforming uses, provided that the total of such extensions or enlargements shall not exceed fifty percent (50%) of the total area of the existing principal structure. Proposed extensions or enlargements shall not infringe on the side, front and rear yard requirements for the particular district in which the nonconforming use is located. The Board of Adjustment shall first find that such extensions and enlargements will not be detrimental to and will not alter the character of the neighborhood.

7.203 The Board shall not be authorized to grant variances in the use of land or to take any other action which would result in change in the zoning district boundaries. The Board shall always act with due consideration to promoting the public health, safety, convenience, and welfare, encouraging the most appropriate use of land and conserving property value, shall permit no building or use detrimental to a neighborhood, and may prescribe appropriate conditions and safeguards [which] may include, among other things, provisions for the screening of parking areas by walls, fences and planting and other such measures.

7.204 In exercising the powers mentioned above, the Board of Adjustment may vote by majority to affirm or deny any request for variance in a public hearing. Every change granted or denied by the Board shall be accompanied by a written finding of fact, based on testimony and evidence, specifying the reason for granting or denying the variance.

Any person applying to the Board of Adjustment, or taking an appeal to the board of adjustment for permission to vary from the provisions of this ordinance, shall pay a fee of twenty-five dollars ($25.00) to the [code] inspector at the time of making said application or appeal, and shall pay for the advertising and other costs of such application or appeal.

The [code] inspector shall keep records of all such appeals or applications and of all fees paid therefor and shall transmit all of such fees collected to the City Clerk for deposit to the general fund of the City of McComb City.