The word BOARD, when used in this subchapter, shall be construed to mean City Council.
(A) Organization and procedure.
(1) Establishment. The City Council is hereby established as a Board of Adjustment.
(2) Membership. The Mayor and all Council members.
(3) Meetings. Meetings of the Board shall be held at the regular meetings of the City Council unless a special meeting is called.
(4) Hearings.
(a) The hearings of the City Council sitting as a Board of Adjustment shall be public. However, the Board may go into executive session for discussion but not for vote on any case before it.
(b) The Board shall hear the intervention of any owner of property adjacent to, in the rear of, or across the street from a lot as to which the granting of any building permit is pending, and shall also hear any other parties in interest.
(5) Rules and regulations.
(a) 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 the Board and shall be a public record.
(b) The City Council, sitting as a Board of Adjustment, shall act by resolution in which a majority must concur. The Board shall adopt, from time to time, such additional rules and regulations as it may deem necessary to carry into effect the provisions of the ordinance, and shall furnish a copy of the same to the Building Inspector, all of which rules and regulations shall operate uniformly in all cases. All of its resolutions and orders shall be in accordance therewith.
(B) Appeals.
(1) Procedure. Appeals may be taken to and before the Board of Adjustment by any persons aggrieved, or by an officer, or department of the city. The appeal shall be made by filing with the office of the Board of Adjustments a notice of appeal and specifying the grounds therefor. The office or department from which the appeal is taken shall forthwith transmit to the Board of Adjustment all of the papers constituting the record upon which the action appealed from was taken.
(2) Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the Building Inspector shall certify to the Board of Adjustment that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceeding shall not be stayed otherwise than by a restraining order, which may be granted by the City Council or by a court of equity, after notice of the officer from whom the appeal is taken and on due cause shown.
(3) Notice of hearing on appeal. The Board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and shall mail notices of the hearings to the petitioner and to the owner of property lying within 200 feet of any point of the lot or portion thereof on which a variation is desired, and to all other persons deemed by the City Council to be affected thereby, the owners and persons being determined according to the current tax rolls of the city. Depositing of the written notice in the mail shall be deemed sufficient compliance therewith.
(4) Decision by Board of Adjustment.
(a) The Board of Adjustment shall decide the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or attorney.
(b) The Board may reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end, shall have all powers of the officer or department from whom the appeal is taken.
(C) Powers and duties of Board.
(1) Subpoena witnesses and the like. The Board of Adjustment shall have the power to subpoena witnesses, administer oaths and punish for contempt, and may require the production of documents, under regulations as it may establish.
(2) Appeal based on error. The Board of Adjustment shall have the power to hear and decide appeals where it is alleged there is error of law in any order, requirements, decision or determination made by the Building Inspector in the enforcement of this subchapter.
(3) Special exceptions. The Board of Adjustment shall have the power to hear and decide special exceptions to the terms of this subchapter upon which the City Council is required to pass.
(4) Variances. The Board of Adjustment shall have the power to authorize upon appeal in specific cases the variance from the terms of this subchapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this subchapter will result in unnecessary hardship, and so that the spirit of this subchapter shall be observed and substantial justice done.
(Ord. 3-86, passed 6-12-1986)