The Board of Appeals and Adjustments previously established shall continue. Said Board shall consist of five members including three City Councilmembers appointed by the City Council, the Chairperson of the Planning and Zoning Commission, and the Chairperson of the Heritage Preservation Commission. Vacancies shall be filled by the City Council for the unexpired term of any member whose term becomes vacant. Matters relating to the powers and duties of the Board shall be provided by State Statute and terms of this article.

(Ord. No. 394(2nd Ser.), § 1(11.29), 11-26-2007; Ord. No. 396(2nd Ser.), § 1, 12-10-2007)

The Board of Appeals and Adjustments shall adopt rules necessary to conduct its affairs and in keeping with the provisions of this chapter. Meetings shall be held at the call of the Chairperson and at such other times as the Board may determine, however, the Board of Appeals and Adjustments shall meet no fewer than once per calendar year. The Chairperson, or in the absence of the Chairperson, the acting Chairperson, may administer oaths and request attendance of witnesses. All meetings shall be open to the public as required by applicable State Statute. The Board of Appeals and Adjustments 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 a public record and be immediately filed in the office of the Zoning Administrator. The presence of three voting members shall be necessary to constitute a quorum.

(Ord. No. 394(2nd Ser.), § 1(11.29), 11-26-2007; Ord. No. 396(2nd Ser.), § 1, 12-10-2007)

Appeals to the Board of Appeals and Adjustments may be taken by any person aggrieved, or by any officer, department, board or bureau of the City affected by any decision of the Zoning Administrator. Such appeals shall be taken within ten days by filing with the Zoning Administrator and with the Board of Appeals and Adjustments, a written notice of appeals specifying the grounds thereof. The Zoning Administrator shall forthwith transmit to the Board all information pertaining to the appeal. Before an appeal is filed with the Board, the appellant shall pay a fee as set by resolution of the City Council. The Board shall fix a reasonable time for the hearing on the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within 60 days. At the hearing, any party may appear in person or by agent or attorney.

(Ord. No. 394(2nd Ser.), § 1(11.29), 11-26-2007; Ord. No. 396(2nd Ser.), § 1, 12-10-2007)

An appeal shall stall all proceedings in furtherance of the action appealed, unless the Zoning Administrator certifies to the Board after notice of appeal is filed with him that by reason of facts stated in the certificate, a stay would, in the opinion of the Zoning Administrator, cause imminent peril to life or property. In such case, proceedings shall not be stayed either by a restraining order which may be granted by the Board of Appeals and Adjustments or by a court of competent jurisdiction on application, on notice to the Zoning Administrator and on due cause shown.

(Ord. No. 394(2nd Ser.), § 1(11.29), 11-26-2007; Ord. No. 396(2nd Ser.), § 1, 12-10-2007)

The City Administrator, City Attorney and Zoning Administrator shall be nonvoting, ex officio members of the Board of Appeals and Adjustments and shall designate its Secretary.

(Ord. No. 394(2nd Ser.), § 1(11.29), 11-26-2007; Ord. No. 396(2nd Ser.), § 1, 12-10-2007)

The Board of Appeals and Adjustments shall have the following powers and duties:

(1)

Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of this chapter.

(2)

Conditional uses. To hear and decide only such conditional uses as the Board of Appeals and Adjustments is specifically authorized to pass on by the terms of this chapter and as provided for in article V of this chapter.

(3)

Variances. To authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal interpretation and enforcement of the provisions of this chapter would result in unnecessary hardship. A variance from the terms of this chapter shall not be granted by the Board unless and until:

a.

A written application for variance is submitted demonstrating all of the following:

1.

Special conditions and circumstances exist which are peculiar to the land, structure or building involved and which do not apply to other lands, structures or buildings in the same district.

2.

Literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter.

3.

The special conditions and circumstances do not result from the actions of the applicant.

4.

Granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures or buildings in the same district.

b.

The Board of Appeals and Adjustments shall make findings that the requirements of this article have been met by the applicant for a variance.

c.

The Board shall further make a finding that the reasons set forth justify the granting of the variance and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.

d.

The Board shall further make a finding that the granting of the variance will be in harmony with the general purposes and intent of this chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

(Ord. No. 394(2nd Ser.), § 1(11.29), 11-26-2007; Ord. No. 396(2nd Ser.), § 1, 12-10-2007)

In exercising the powers stated in section 24-680, the Board of Appeals and Adjustments may, so long as such action is in conformity with the terms of this chapter, reverse or affirm, wholly or partly, or may modify any order, requirement, decision or determination as ought to be made and to that end shall have powers of the Zoning Administrator from whom the appeal is taken. The concurring vote of three members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Administrator, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in application of this chapter.

(Ord. No. 394(2nd Ser.), § 1(11.29), 11-26-2007; Ord. No. 396(2nd Ser.), § 1, 12-10-2007)

Any person, or any board, taxpayer, department, board or bureau of the community aggrieved by any decision of the Board of Appeals and Adjustments may seek review of such decision of the Board by a court of record in the manner provided by the laws of the State.

(Ord. No. 394(2nd Ser.), § 1(11.29), 11-26-2007; Ord. No. 396(2nd Ser.), § 1, 12-10-2007)