A Board of Appeals is hereby established. The word “Board” when used in this section shall be construed to mean the Board of Appeals. Said Board shall consist of the members of the City Plan Commission.

   Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. The chairman or, in his absence, the acting chairman, appointed by the chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record.

   No hearing shall be conducted without a quorum of the Board being present, which shall consist of a majority of all the members. Any absent member who certifies that he has read the transcript of the proceedings before the Board may vote upon any question before the Board. The concurring vote of six (6) members of the Board is necessary to reverse any order, requirement, decision or determination made by an administrative official charged with enforcement of this ordinance or to decide in favor of the applicant any matter upon which it is required to pass under this ordinance or to effect any variation in the ordinance or to recommend any variation or modification in the ordinance to the corporate authorities.

(Am. Ord. 1968-39, passed 10-7-1968; Am. Ord. 1984-15, passed 7-9-1984)

   The Board of Appeals shall have the following powers:

   (A)   To hear and decide appeals where it is alleged that there is error in any order, requirement, decision, or determination made by the Building Official in the enforcement of this ordinance.

   (B)   To hold public hearings on and, when in harmony with the general purpose and intent of this ordinance, to authorize the following exceptions to the terms thereof:

      (1)   The extension of a district where the boundary line thereof divides a lot in a single ownership at the time of the passage of this ordinance.

      (2)   Interpretation of the provisions of this ordinance in such a way as to carry out the intent and purpose of the plan, as shown upon the District Map, where the street layout actually on the ground varies from the street layout as shown on the map.

      (3)   The use of a temporary building in conjunction with construction work only, which temporary building shall be removed promptly upon completion of the construction work.

      (4)   The reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God, or the public enemy, to the extent of more than seventy-five percent (75%) of its fair market value, where the Board finds some compelling necessity requiring a continuance of the nonconforming use and the primary purpose of continuing the nonconforming use is not to continue a monopoly.

      (5)   Variation of the parking and loading regulations where it is conclusively shown that the specific use of a building would make unnecessary the parking and loading spaces otherwise required by this ordinance.

      (6)   The classification of commercial or industrial uses not specifically listed in the ordinance as to the appropriate district therefor based on the general character of the use and its comparability with other uses specifically permitted in the district.

   (C)   To authorize, after public hearing as required by law, a variation in the strict application of the regulations with respect to the specific lot where, by reason of exceptional narrowness, shallowness or shape thereof or by reason of exceptional topography or other extraordinary or exceptional situation or condition, strict application of any provision of this ordinance would result in peculiar and exceptional practical difficulties and clearly demonstrable hardship upon the owner of such property, amounting to practical confiscation thereof, and not a mere inconvenience to the owner; provided that any such variation shall be authorized only to the extent that justice may be done and provided, further, that the variation can be granted without substantial detriment to the public good and without substantial impairment of the general purpose and intent of the comprehensive plan as established by the regulations.

   Petition to the Board for exceptions or variations or appeals, as authorized in § 2 hereof, may be made by any person or by any officer, department, board, or bureau of the city affected by any decision of the Building Official. The appeal shall be taken within such time as shall be prescribed by the Board by general rule, by filing with the Building Official a notice of appeal, specifying the grounds thereof. The Building Official shall forthwith transmit to the Board all papers constituting the record from which the action appealed from is taken. A fee of ten dollars ($10.00) shall accompany all notices of appeals to be refunded if petition is granted.

   An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Building Official certifies to the Board, after notice of appeal shall have been filed with him, that, by reason of the facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court of record.

   The Board shall fix a reasonable time for the hearing of the petition or appeal and give due notice of the time, place, and purpose thereof; such notice shall include five (5) day written notice to the last known address of the petitioner; and [the Board] shall decide the appeal within a reasonable time.