There is hereby created within and for the city, and the city commission may appoint, a board of adjustment, with the powers and duties as hereinafter set forth. (2010 Code § 22-5)

A.   Appointments; Terms: The board of adjustment shall be composed of five (5) members, citizens of the city, each appointed by the mayor, with the approval of the city commission, for a term of three (3) years; provided, however, that for the first appointment under the provisions of this chapter, one member shall be appointed for a term of one year, two (2) members shall be appointed for a term of two (2) years, and two (2) members shall be appointed for a term of three (3) years. All appointments thereafter shall be for a term of three (3) years.

B.   Prohibited Members: Members of the city commission, the building inspector, director of planning, city attorney, or other municipal officials, shall not be appointed to the board of adjustment, except as herein provided.

C.   Removal; Vacancies: Board of adjustment members, once appointed, can thereafter be removed only for cause, upon written charges, and after a public hearing. Vacancies shall be filed by the appointing authority for the unexpired term of any member whose office becomes vacant. (2010 Code § 22-6)

D.   Officers Elected: The board shall elect an acting chairperson from its membership. The term of office is at the discretion of the board of adjustment. (Ord. 450, 1-10-2017)

A.   Adoption: The board of adjustment shall adopt rules of procedure in accordance with the provisions of this chapter and the state statutes governing their operation. The board of adjustment may adopt additional rules as are needed. Rules of procedure adopted by the board of adjustment are a matter of public record and shall be on file in the office of the clerk of the board of adjustment.

B.   Meetings: Meetings of the board of adjustment shall be held at the call of the chairperson and at such other times as the board of adjustment may determine. Such chairperson, or in his absence the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment shall be open to the public. The board of adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board of adjustment and shall be public record. (2010 Code § 22-7)

A.   Described: The board of adjustment shall have the following powers:

   1.   Appeals: To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the building inspector in the interpretation or enforcement of this title.

   2.   Special Exceptions: To hear and decide, upon appeal, applications for a special exception to the terms of this title under the following circumstances and conditions: (2010 Code § 22-8)

To interpret the provisions of this title where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which map is on file in the city office and made a part of this title. (2010 Code § 22-8; amd. 2012 Code)

   3.   Variances:

      a.   A variance from the terms, standards and criteria that pertain to an allowed use category within a zoning district as authorized by this title may be granted, in whole or in part, or upon reasonable conditions as provided in this section, only upon a finding by the board of adjustment that:

         (1)   The application of this title to the particular piece of property would create an unnecessary hardship;

         (2)   Such conditions are peculiar to the particular piece of property involved;

         (3)   Relief, if granted, would not cause substantial detriment to the public good, or impair the purposes and intent of this title or the comprehensive plan;

         (4)   The variance, if granted, would be the minimum necessary to alleviate the hardship.

      b.   Furthermore, the board of adjustment may establish such requirements relative to such property as would carry out the purpose and intent of this title. It is specifically provided; however, that the board of adjustment is not authorized to grant a use variance.

B.   Decision Of Board: In exercising the above mentioned powers, the board of adjustment may, in conformance with the provisions of this title, reverse or affirm, wholly and partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made under this title. The board of adjustment shall, in making its findings on any specific case, determine the effect of the proposed change upon the supply of light and air to adjacent property, upon the congestion in the public streets, upon the public safety from fire and other hazards, upon the established property values within the surrounding area, and upon other factors relating to the public health, safety, comfort, morals and general welfare of the people of the city. It is further provided, that in exercising its power to grant special exceptions and variances, the board of adjustment may impose any reasonable condition which shall be necessary to protect surrounding property values and to promote health, safety, morals and general welfare.

C.   Vote: The concurring vote of four (4) members of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which the board of adjustment is required to pass or to effect any variation in this title.

D.   Ruling; Findings Of Fact: Every ruling made upon any appeal to the board of adjustment shall be accompanied by a written findings of fact based upon the testimony received at the hearing afforded by the board of adjustment and shall specify the reason for granting or denying the appeal. (2010 Code § 22-8)

A.   Authorized: Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board or bureau of the city affected by any decision of any administrative official.

B.   Time Limit For Filing; Fee: Appeals to the board of adjustment shall be taken within thirty (30) days from the date of the decision by filing with the building inspector from whom the appeal is taken and with the city clerk a notice of appeal, specifying the grounds thereof, and by paying a filing fee as established by resolution of the city commission at the office of the city clerk at the time the notice is filed. (2010 Code § 22-9; amd. 2012 Code)

C.   Copies Of Records Transmitted: The officer for whom the appeal is taken shall forthwith transmit to the board of adjustment certified copies of all the papers constituting the record of said matter, together with a copy of the ruling or order from which the appeal is taken.

D.   Stay Of Proceedings: An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with him that by reason of 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 of adjustment or by a court of record on application or notice to the officer from whom the appeal is taken and on due cause shown.

E.   Hearing; Public Notice: 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.

F.   Rehearings: The board of adjustment shall not rehear an appeal once decided, unless it is shown by the appellant that all pertinent facts of the case and that for some reason he was prevented from presenting such facts, or that the facts of the case have materially changed since the public hearing. (2010 Code § 22-9)

A.   Authorized; Time Limit For Filing: An appeal from any action, decision, ruling, judgment or order of the board of adjustment may be taken by any person or persons, jointly or severally aggrieved, or any taxpayer, or any officer, department, board or bureau of the city to the district court by filing notice of appeal with the city clerk and with the clerk of the board of adjustment within ten (10) days from the filing of the decision of the board of adjustment, which notice shall specify the grounds of such appeal. Upon filing of the notice of appeal, as herein provided, the board of adjustment shall forthwith transmit to the county clerk the original or certified copies of all the papers constituting the record in the case, together with the order, decision or ruling of the board of adjustment.

B.   Stay Of Proceedings: An appeal to the district court from the board of adjustment stays all proceedings in furtherance of the action appealed from, unless the chairperson of the board of adjustment from which the appeal is taken certifies to the court clerk, after the notice of appeal shall have been filed, that by reason of 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 district court upon application or notice to the administrative officer in charge of the enforcement of the terms and provisions of this title, and upon notice to the chairperson of the board of adjustment from which the appeal is taken and, upon due cause being shown, the court may reverse or affirm, wholly or partly, or modify the decision brought up for review.

C.   Scope Of Appeal: An appeal shall lie from the action of the district court as in all other civil actions. (2010 Code § 22-10)