The board of adjustment shall consist of five members and whatever alternate members that the mayor considers appropriate.

1. Appointment.
   1. The mayor shall appoint the members and alternate members with the advice and consent of the city council for a term of five years.
   2. The mayor shall appoint members of the first board of adjustment to terms so that the term of one member expires each year.
2. Alternate Members.
   1. No more than two alternate members may sit at any meeting of the board of adjustment at one time.
   2. The city council shall make rules establishing a procedure for alternate members to serve in the absence of members of the board of adjustment.
3. Removal. The mayor may remove any member of the board of adjustment for cause if written charges are filed against the member with the mayor. The mayor shall provide the member with a public hearing if he or she requests one.
4. Vacancy. The mayor with the advice and consent of the city council shall fill any vacancy. The person appointed shall serve for the unexpired term of the member or alternate members whose office is vacant.
5. Conduct of Business.
   1. In order to conduct any business, the board of adjustment must have at least three members. These three members can consist of no more than two alternate members.
   2. The concurring vote of three members (including not more than two alternate members) is necessary to reverse any order, requirement, decision or determination of any administrative official or agency or to decide in favor of the appellant.

(Ord. 990301 § 1(l), 1999: ZO § 5-1)

The board of adjustment shall organize and elect a chairperson and adopt rules in accordance with the provisions of any ordinance adopted pursuant to this title. Meetings of the board shall beheld at the call of the chairperson and at such other times as the board may determine. The chairperson, or in his or her absence the acting chairperson, 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, 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 and shall be a public record.

(ZO § 5-2)

The board of adjustment shall have the following powers:

1. To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by any administrative official or agency based on or made in the enforcement of this title;
2. To hear and decide, in accordance with the provisions of this title, requests for special exceptions or for interpretation of the map or for decisions on other special questions on which such board is authorized by any ordinance to pass;
3. Whereby reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of the ordinance codified in this title, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon, the owner of such property, to authorize, on an appeal relating to said property, a variance from such strict application so as to relieve such difficulties or hardships, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the master plan and zoning ordinance of the city. Before any variance may be authorized, however, it shall be shown that:
   1. The variance will not substantially affect the master plan and zoning ordinance and that adherence to the strict letter of the ordinance will cause difficulties and hardships, the imposition of which upon the petitioner is unnecessary in order to carry out the general purpose of the zoning ordinance,
   2. Special circumstances attached to the property covered by the application which do not generally apply to the other property in the same zone,
   3. Because of said special circumstance, property covered by application is deprived of privilege possessed by other properties in the same zone; and that the granting of the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;
4. To permit the enlargement of, addition to, or relocation of a building or structure, nonconforming as to use regulations, as follows:
   1. For a nonconforming use located in a residential zone, the enlargement, addition or relocation shall either: (a) comply with all the height, yard and area requirements for a single-family dwelling in the zone in which the nonconforming building is located, or (b) the proposed enlargement, addition or relocation will either (i) improve the area by increasing the off-street parking, or (ii) improve the general appearance, convenience or safety of the area,
   2. For a nonconforming use located in any zone other than a residential zone, the enlargement, addition or relocation shall comply with all height, yard and area requirements for a main building, other than dwellings, in the zone in which it is located,
   3. Before granting a permit for any enlargement, addition or relocation as provided above, the board of adjustment shall find in its public hearing that the proposed changes will not hinder or obstruct the attainment of the objectives listed in Section 7.04.020 of this title more than does the existing nonconforming use;
5. The board of adjustment may allow those enlargements of, additions to, or relocation of buildings and structures, nonconforming as to yard, height or area regulations in those cases where an undue hardship will result to the owner of the land involved unless granted and the attainment of the objectives listed in Section 17.04.020 of this title will not be hindered or obstructed, and provide the proposed enlargement, addition to or relocation will either: (1) improve the area by increasing needed off-street parking, or (2) improve the general appearance, convenience or safety of the area;
6. Where a zone boundary line divides a lot in single ownership at the time of the establishment of said boundary the board may permit a use authorized on either portion of such lot to extend to the entire lot, provided such permission shall not authorize the use to extend more than thirty-five (35) feet beyond the district boundary line or extend to an area greater than five thousand (5,000) square feet beyond the said boundary line;
7. Permit a nonconforming use to be changed to another use allowed in the same or a more restrictive zone that the one in which the nonconforming use would be allowed; provided, that the board of adjustment finds in its public hearing that such change will not hinder or obstruct the attainment of the objectives listed in Section 17.04.020 of this title more than does the existing nonconforming use;
8. Permit the construction and use of a dwelling upon a lot which does not have frontage on a street, but does have frontage on a dedicated right-of-way;
9. Permit the splitting of a lot wherein such lot split creates a lot which does not have the required width of the zone in which the lot is located; provided, the created nonconforming lot meets the area requirements of the zone and the structure placed on the lot meets all required site standards of the zone; and furthermore, that before building permits are issued for the nonconforming split lot, the lot split shall be reviewed and approved by the planning commission.

(ZO § 5-3)

Appeals to the board of adjustment may be taken by any person aggrieved by his or her inability to obtain a building permit, or by the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of this title. Appeals to the board of adjustment may be taken by any officer, department, board or bureau of the city affected by the grant or refusal of a building permit or by other decisions of an administrative officer or agency based on or made in the course of the administration or enforcement of the provisions of this title. All appeals must be filed with the city recorder, in writing, within thirty (30) days of written notification of the decision being appealed. The form or other procedure relating thereto, shall be as specified in the general rules of procedure adopted by such board; provided, further, that said rules and regulations shall be available to the public at the office of the city recorder at all times.

(Ord. 990301 § 1(m), 1999; ZO § 5-4)

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 or her that by reason of facts stated in the certificate, a stay would in his or her opinion cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by restraining order which may be granted by the board of adjustment or by the district court on application and notice and on due cause shown.

(ZO § 5-5)

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 shall decide the same within a reasonable time. Upon hearing an appeal, any party may appear in person or by agent or by attorney.

(ZO § 5-6)

In exercising the above-mentioned powers, such board may in conformity with the provisions of this title reverse, or affirm wholly or 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, and to that end shall have all the powers of the officer from whom the appeal is taken.

(ZO § 5-7)

The concurring vote of three members of the board shall be necessary to reverse any order, requirement or determination of any such administrative official, or to decide in favor of the appellant on any matter upon which it is required to pass under any ordinance, or to effect any variation in such ordinance.

(ZO § 5-8)

The city or any person aggrieved may have and maintain a plenary action for relief therefrom in any court of competent jurisdiction; provided, petition for such relief is presented to the court within thirty (30) days after the filing of such decision in the office of the board.

(ZO § 5-9)

In the event the board of adjustment does grant a variance in accordance with the provisions of this chapter, alterations in accordance with the variance must be activated within six months after the date variance is granted or variance becomes null and void. The time limit of the variance may be extended an additional six months by the board of adjustment, and then only if the petitioner shows adequate cause to the board that circumstances necessitate a time extension.

(ZO § 5-10)

Upon filing of any appeal or application to the board of adjustment, the appellant or applicant shall pay to the city a fee prescribed by the city council. The said fee shall be collected by the officer in whose office said appeal is filed and shall be deposited with the finance director and credited to the general fund. No appeal or application shall be considered by the board of adjustment unless and until such fee has been paid.

(ZO § 5-11)

Each member of the board of adjustment and the secretary thereof shall be compensated by an amount established by the city council for each meeting of the board which he or she shall attend.

(ZO § 5-12)