There is hereby established a Board of Appeals consisting of five members appointed by Council and dedicated to the duties outlined in Section 1246.03. The composition and structure of the Board shall be as set forth in Section 8.05 of the Municipal Charter.

(Ord. 82-38. Passed 9-20-82.)

   The Board of Appeals shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Zoning Code. Meetings shall be held at the call of the Chairman of the Board and at such other times as the Board may determine. The Chairman or, in his or her absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if a member is absent or fails to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be a public record and be immediately filed in the office of the Board.

(Ord. 82-38. Passed 9-20-82.)

   In exercising its duties, the Board of Appeals may, as long as such action is in conformity with this Zoning Code, reverse or affirm, wholly or partly, or modify, an order, requirement, decision or determination appealed from; may make such order, requirement, decision or determination as ought to be made; and to that end shall have the powers of the Zoning Inspector from whom the appeal is taken. The concurring vote of three members of the Board is necessary to reverse any order, requirement, decision or determination of the Inspector; to decide in favor of the applicant on any matter upon which it is required to pass under this Zoning Code; or to effect any variation in the application of this Zoning Code. For the purposes of this Zoning Code, the Board shall:

   (a)   Hear and decide an appeal where it is alleged that there is an error in any order, requirement, decision or determination made by the Zoning Inspector; and

   (b)   Authorize a variance from the provisions of this Zoning Code, with special conditions where necessary which are not contrary to the public interest, where, owing to the special conditions, a literal enforcement of this Zoning Code will result in unnecessary hardship, so that the spirit of this Zoning Code is observed and substantial justice done.

(Ord. 82-38. Passed 9-20-82.)

   (c)   (EDITOR'S NOTE: Subsection (c) hereof was repealed by Ordinance 85-11, passed March 4, 1985.)

   No variance granted by the Board of Appeals shall be used as precedent or as grounds for future appeals. Each appeal shall be judged on its own merit.

(Ord. 82-38. Passed 9-20-82.)

   It is the intent of this Zoning Code that all questions of interpretation and enforcement first be presented to the Zoning Inspector; that such questions shall be presented to the Board of Appeals only on appeal from the decision of the Inspector; and that recourse from the decision of the Board shall be to the courts as provided by law. It is further the intent of this Zoning Code that the duties of Council in connection with this Zoning Code shall not include hearing and deciding questions of interpretation and enforcement that may arise. The procedure for deciding such questions shall be as stated in this Zoning Code. Under this Zoning Code, Council shall have only the duties of considering and adopting or rejecting proposed amendments or the repeal of this Zoning Code as provided by law, and of establishing a schedule of fees and charges as stated in Section 1244.16.

(Ord. 82-38. Passed 9-20-82.)

   Notwithstanding anything contained in the Codified Ordinances to the contrary, Council shall serve as the acting Board of Appeals anytime there are fewer than three (3) members appointed to and serving on the Board of Appeals. During such times as Council is serving as the acting Board of Appeals, the following provisions shall apply:

   (a)   Council shall assume all duties, rights and responsibilities of the Board of Appeals.

   (b)   An affirmative vote of a quorum of Council is necessary to reverse any order, requirement, decision or determination of the Inspector; to decide in favor of the applicant on any matter upon which it is required to pass under this Zoning Code; or to effect any variation in the application of this Zoning Code.

   (c)   At any Board of Appeals meeting, the Mayor or, in his or her absence, the Vice Mayor shall act as Chairman of the Board. If both the Mayor and Vice Mayor are absent from a meeting, Council shall select a temporary Chairman of the Board by a majority vote of the members present. The Chairman of the Board may administer oaths and compel the attendance of witnesses at Board of Appeals meetings.

   (d)   Board of Appeals meetings shall only be held during Council’s regular or special meetings.

(Ord. 2021-40. Passed 11-1-21.)