(a) Intent. A Board of Appeals is hereby established to assist in the administration of this Zoning Ordinance, particularly to decide and interpret provisions which require impartial adjustments of conflicting interests and to grant variances from the strict letter of the Zoning Ordinance in instances of unnecessary hardship. Such a Board is herein established to achieve, among other, the following purposes:
(1) To provide a method of alleviating unnecessary hardship by allowing a reasonable use for individual parcels of property, which, because of unusual or unique circumstance, may be denied a reasonable use by a literal application of the terms of this Zoning Ordinance.
(2) To review or appeal any order, requirement, decision or determination made by the Zoning Inspector.
(3) That decisions and the granting of variances will sustain the constitutionality of the Zoning Ordinance and to be in compliance with the objective of good planning.
(b) Appointment. The Board of Zoning Appeals which shall consist of five electors appointed by the Mayor and approved by Council. Council, by a majority vote of its members, shall choose a successor to fill any vacancy. The five electors first appointed shall serve for terms of one, two, three, four, and five years, respectively; thereafter appointments shall be for five year terms, beginning January 1st. Each member shall serve until his successor is appointed and qualified. Vacancies shall be filled by the Council and shall be for the respective unexpired term. The members of the Board of Zoning Appeals may receive such compensation as the Council provides. Quorum shall consist of three members.
(c) Hearings, Rules, Etc. The hearings of the Board of Zoning Appeals shall be public. However, the Board may go into executive session for discussion but not for vote on any case before it. The Board shall organize annually and elect a President, Vice President and Secretary. The Board shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this Zoning Ordinance. The Board shall hear any owner of property adjacent to the lot for which the granting of any zoning permit is pending, and shall also hear any other parties having substantial interest as determined by the Board.
(d) Minutes and Records. 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 officials' actions, all of which shall be immediately filed in the office of the Clerk and shall be a public record.
(e) Witnesses, Oaths, Etc. The Board shall have the power to subpoena witnesses, administer oaths, and punish for contempt, and may require the production of documents, under such regulations as it may establish.
(f) Department Assistance. The Board may call upon the various departments of the municipality for assistance in the performance of its duties, and it shall be the duty of such departments to render such assistance to the Board as may reasonably be required.
(g) Duties and General Powers. The Board of Appeals shall adopt rules and regulations not inconsistent with the Zoning Ordinance, as may be necessary to carry into effect the duties, powers and responsibilities conferred herein. The powers, duties, and responsibilities of the Board shall be:
(1) To hear appeals and decide any issue involving the application of impartial considerations and judgments in regard to decisions made by the Zoning Inspector or any other administrative officer or board on matters relating to this Zoning Ordinance, for relief from any order, requirement, decision or determination, including the refusal, granting or revocation of permits.
(2) To hear and decide upon applications for variations from the terms provided in this Zoning Ordinance.
(3) To hear and decide all matters specifically referred to it for decisions in other sections of this Zoning Ordinance. (Ord.99-2. Passed 3-1-99.)