A. Established: A board of zoning appeals is hereby established, vested with such administrative authority as is hereinafter provided.
B. Membership:
1. Appointment; Term; Removal: The zoning board of appeals shall consist of five (5) resident freeholders, who shall be appointed by the mayor and approved by the city council at the first meeting following the regular biennial city elections, for terms of two (2) years, subject to removal by the city council by four- sixths (4/6) vote.
2. Compensation: The board shall serve without compensation.
C. Secretary: The city clerk shall act as secretary of the board, and shall call meetings of the board on notice of twenty four (24) hours as often as may be found to be necessary.
D. Powers And Duties: The duty of the board of zoning appeals shall be to hear and decide appeals from any decision of the building inspector in carrying out the terms of this chapter, and to hear all matters referred to it by the city council arising out of this chapter. The board shall not have any authority to change or amend this chapter; it shall act in a purely advisory manner, making its recommendations in all matters referred to it, and transmitting them to the city council for final action. In general, the board shall hear and make recommendations on the following matters:
1. Permit for a temporary nonconforming building, such permit to be issued for a reasonable variation of setback regulations when the strict enforcement thereof will work unnecessary hardship.
2. Special permits to build, maintain or operate nonconforming uses as set forth in section 11-1-3 of this chapter.
3. Interpret the provisions of this chapter in such a way that when there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, a reasonable modification or variation in the application of the regulations established by this chapter may be provided so that the spirit of the ordinance codified in this chapter shall be observed, public safety and welfare secured, and substantial justice done.
E. Voting: A majority vote of the board of zoning appeals shall be necessary to reverse any decision of an administrative officer of the city or to decide in favor of an applicant. (1982 Code § 9.321)