The zoning board of appeals, referred to in this article as the board, shall consist of the city council.

The board members shall receive no additional compensation for their service.

The mayor shall serve as chair of the zoning board of appeals. In the absence of the mayor, the mayor pro tem shall serve as chair. The city clerk shall serve as board secretary. The board shall have authority to adopt rules of procedure. Meetings of the board shall be held at the call of the chairman. The chairman may administer oaths and compel the attendance of witnesses by subpoena. 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 said board and shall be a public record. The decisions of the board shall contain a statement of the subject matter being considered by the board, the decisions of the board, and the grounds of its decision reduced to written form. The full text shall be sent to the appellant. No appeal requesting the same relief in regard to the same property shall be received or heard by the board for a period of 12 months following the date of said resolution, except this limitation shall not affect the right of said board to grant a rehearing as provided in rules of procedure as may be adopted by the board.

The zoning administrator or city clerk shall provide such technical, administrative and clerical assistance, and office space as is required by the board to carry out its function under the provisions of this chapter.

(a)

Notice of hearing shall be given. Before making its decision on an appeal, request for a variance, or any other matter within the board's purview, said board shall hold a public hearing thereon. At least 15 days' notice of the time and place of such hearing shall be sent to the applicant and/or owner by U.S. mail to the address per tax assessor's records. Such notice shall contain the name of the applicant or petitioner, the date, time, and place set for the hearing, and a brief statement of the nature of the hearing.

(b)

Public notice in newspaper. The board shall give public notice of the hearing in a newspaper of general circulation within the city at least 15 days prior to the date of the public hearing.

(c)

Public notice by posting. When the board is considering a request for variance, the notice of the date, time, place and nature of the board's hearings shall also be afforded by the erection of a sign in a conspicuous place on the subject property. The sign shall be erected at least 15 days prior to the date of the board's hearing.

(d)

Who may appear. Any party may appear at the public hearing in person or by agent or attorney.

(e)

Time limit on board's decision. The board shall reach a decision following a public hearing within 30 days. The decision of the board shall be made by a public vote and shall not be final until the resolution of the decision has been duly adopted and approved by the board.

(a)

Appeals from actions of the zoning administrator. The board shall hear and decide upon appeals where it is alleged there is error in any order, requirement, decision, or determination made by the zoning administrator in the enforcement of these regulations. Notwithstanding the foregoing powers, the board shall not be entitled to review the interpretation by the zoning administrator or city clerk of the provisions related to permissive uses within the zoning districts established by this chapter, which interpretations shall be appealed to the city council.

(1)

Who may appeal. Appeals to the board may be taken by any person aggrieved or by an officer, department, board, or bureau of the city affected by any decision of the zoning administrator or city clerk. Such appeals shall be filed no later than 30 days after the date of notification of the decision appealed from by filing with the city clerk and with the board a notice of appeal specifying the grounds thereof. The zoning administrator or city clerk shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

(2)

Legal proceedings stayed. An appeal stays all legal proceedings in furtherance of the action appealed from, unless the zoning administrator or city clerk certifies to the board that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such a case, proceedings shall not be stayed otherwise than by restraining order which may be granted by the board or by a court of record on application, on notice to the zoning administrator or city clerk, and on due cause shown.

(3)

Extent of board of appeals power. The board may, in conformity with the provisions of these regulations, reverse, or affirm the requirement, decision, or determination of the zoning administrator or city clerk. The board may direct the issuance of a permit. It shall be the duty of the zoning administrator and city clerk to carry out the decisions of the board.

(b)

Request for a variance. The board may authorize upon appeal in specific cases such variance from the terms of these regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of these regulations will, in an individual case, result in practical difficulty or unnecessary hardship, so the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done; provided, however, that a variance shall not be granted for a use of land or building or structure that is prohibited by this chapter in the district in question. A variance may be granted in an individual case upon a finding by the board that the following exists:

(1)

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography;

(2)

The application of these regulations to this particular piece of property would create a practical difficulty or unnecessary hardship;

(3)

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

(4)

Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of these regulations; provided, however, no variance may be granted for a use of land or building or structure that is prohibited by this chapter;

(5)

A literal interpretation of this chapter would deprive the applicant of any rights that others in the same district are allowed; and

(6)

Provided the board may impose or require such additional restrictions and standards as may be necessary to protect the health and safety of workers and residents in the community, and to protect the value and use of property in the general neighborhoods; and provided that wherever the board shall find, in the case of any permit granted pursuant to the provisions of these regulations, that any of the terms, conditions, or restrictions upon which such permit was granted are not being complied with, said board shall rescind and revoke such permit after giving due notice to all parties concerned and granted full opportunity for a hearing. In exercising the above powers, the board shall not consider any nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted use of land, structures or buildings in the same district, and no permitted use of lands, structures or buildings in other districts as grounds for the issuance of a variance.

(c)

Request for extension or enlargement of the nonconforming use of a structure. The board may authorize upon appeal in specific cases an extension of an existing nonconforming use which the board is specifically authorized to pass on under the terms of this chapter. Said extensions may be granted in an individual case upon a finding by the board that:

(1)

The use is a nonconformance as defined in these regulations;

(2)

The use is in full compliance with all requirements of these regulations applicable to nonconformance; and

(3)

The extension of said use will not further injure a permitted use on adjacent property in the same district.

(d)

Continuance of nonconformance. The board may allow a nonconformance to be reestablished after discontinuance for 12 consecutive months where it is deemed by the board that:

(1)

The design, construction, and character of the land, building, or structure is not suitable for uses permitted in the district in which the nonconformance is situated;

(2)

Undue hardships to the property owner would result in not allowing the continuance of a nonconformance;

(3)

Adjacent property would not be unduly damaged by such continuance; and

(4)

The use is to be identical to the prior nonconformance.

(e)

Compliance with standards. Where an application to the board is initiated due to an existing violation of this article and said application is denied, the violation shall be required to be corrected within ten days of such denial or as specified by the board if a greater time period is necessary. The maximum extension of the time shall not exceed 30 days.

(f)

Forms. Appeals, requests for variance, and requests for extension or continuance of nonconformance shall be made on forms provided by the zoning administrator, and all information required on said forms shall be provided by the appellant. Forms shall be filed with the zoning administrator for expenses incidental to the appeal. No form shall be accepted by the zoning administrator, unless it contains all pertinent information and is accompanied by the required fee to defray expenses.

Any appeals from any decision made by the zoning board of appeals or the city council shall be brought before the superior court of the county by writ of certiorari as provided by state law.

The zoning administrator may grant a variance up to five percent of the minimum required building setbacks, outlined in Table 28-154, upon presentation of evidence indicating such variances are necessary and practical solutions without significant impact to adjoining properties, provided the same applicant has not requested an administrative variance or an administrative variance has not been requested for the same property within the preceding six months.