(a)

Generally. The Zoning Board of Appeals shall have the power and duty to review and determine all matters relating to requested variances from the provisions of this title (see section 13-1-221); or appeals regarding an interpretation of the Zoning Administrator of the provisions of this chapter (see section 13-1-222).

(b)

Composition. The Zoning Board of Appeals shall consist of five (5) members appointed by the Mayor, subject to confirmation by the Common Council, for three (3) years, except that of those first appointed, one (1) shall serve for one (1) year; two (2) for two (2) years. The members shall serve without compensation and shall be removable by the Mayor for cause upon written charges and after public hearing.

(c)

The Mayor shall designate one (1) of the members as Chair. The Mayor shall appoint subject to confirmation of the Council for staggered terms of three (3) years, two (2) alternate members of such board, in addition to the five (5) members above provided for. Annually, the Mayor shall designate one (1) of the alternate members as first alternate and the other as second alternate. The first alternate shall act, with full power, only when a member of the board refuses or declines to vote, is disqualified because of interest, or when a member is absent. The second alternate shall so act when the first alternate so refuses or declines to vote, is disqualified because of interest or is absent or when more than one (1) member so refuses or declines, is disqualified, or is absent. Other provisions herein appearing, with regard to removal and filling of vacancies, shall apply to such alternates.

(d)

Vacancies shall be filled for the unexpired terms of members whose terms become vacant. Appointments shall be made at the organizational meeting the Third Tuesday in April in each year to hold office for the designated terms commencing on May 1 of that year.

(e)

The City Clerk or designee shall serve as Secretary of the Board. The Board of Appeals may employ other employees.

(f)

Organization.

(1)

The Board of Appeals shall adopt rules for its government and procedure. Meetings of the Board of Appeals shall be held at the call of the Chair, and at such other times as the Board of Appeals may determine. The Chair, or in their absence an elected Acting Chair, may administer oaths and compel the attendance of witnesses. All meeting shall be open to the public.

(2)

The Board of Appeals shall keep minutes or video recordings of its proceedings, showing the vote of each member upon each questions, 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 Appeals, which is the City Clerk's office, and shall be a public record.

(g)

Powers.

(1)

The Board of Appeals shall have the following powers:

a.

To hear and decide appeals when it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Administrator.

b.

To authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest, when, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit of the chapter shall be observed, public safety and welfare secured, and substantial justice done.

c.

Permit in appropriate cases, and subject to appropriate conditions and safeguards in harmony with the general purpose and intent of this chapter, a building or premises to be erected or used for such public utility purposes in any location which is reasonably necessary for the public convenience and welfare.

(2)

In addition to the foregoing powers, the Board of Appeals shall have the following specific powers:

a.

To interpret the provisions of this chapter in such a way as to carry out the intent and purpose of the plan, as shown on the Zoning Map accompanying and made a part of this chapter, where the street layout actually on the ground varies from the street layout on the aforesaid map.

b.

The Board of Appeals shall have the power to call on any other City department for assistance in the performance of its duties and it shall be the duty of such other departments to render such assistance as may be reasonably required.

(3)

Except as specifically provided, no action of the Board of Appeals shall have the effect of permitting in any district uses prohibited in such districts.

(h)

Decision.

(1)

The Zoning Board of Appeals shall decide all appeals and applications within thirty (30) days after the public hearing and shall transmit a signed copy of the board's decision to the appellant or applicant, Zoning Administrator, and Plan Commission.

(2)

Conditions may be placed upon any Zoning Permit ordered or authorized by this Board.

(3)

Variances, substitutions, or use permits granted by the board shall expire within six (6) months unless substantial work has commenced pursuant to such grant.

(Ord. No. 21-980, 5-10-21)