(A) Membership and meetings.
(1) The Board of Adjustment shall consist of five members to be appointed by the City Council for a term of two years and removal for cause by the appointing authority. Vacancies shall be filled by appointment of a suitable person to serve out the unexpired term of any member whose place on the Board has become vacant for any cause.
(2) The Board is vested with power and authority in appropriate cases and subject to appropriate conditions and safeguards to make such exceptions to the terms of this chapter in harmony with the general purpose and intent and in accordance with general or special rules therein contained for the purpose of rendering full justice and equity to the general public.
(3) The Board of Adjustment may adopt rules to govern the proceedings; however, such rules shall not be inconsistent with this chapter.
(4) Meetings of the Board shall be held at the call of the Chairperson who may administer oaths and compel the attendance of witnesses. All meetings of the Board of Adjustment shall be open to the public.
(5) The Board shall keep minutes of the 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 official actions, all of which shall be immediately fled and shall be public record.
(B) Appeals.
(1) Appeals to the Board of Adjustment may be taken by the person affected by any decision of any administrative office with respect to this chapter. Appeals shall be taken within 15 days after the decision has been rendered by the administrative office by filing notice of appeal, specifying the grounds. The Zoning Officer shall transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
(2) An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board after the notice of appeal shall have been filed 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 such case, proceedings shall not be stayed, otherwise than by a restraining order which may be granted by the Board or by a court of record or application on notice to the officer from whom the appeal is taken and on due cause shown.
(3) The Board of Adjustment shall fix a reasonable time for the public hearing of an appeal, give the public notice as well as due notice to the parties and decide the same within a reasonable time. Upon the hearing, any party may appear in person or by attorney or by agent.
(C) Jurisdiction. When in the Board of Adjustment’s judgment the public convenience and welfare will be substantially served and appropriate use of the neighboring property will not be substantially or permanently injured, the Board of Adjustment may, in specific cases, after public notice and public hearing, and subject to appropriate conditions and safeguards, authorize the following special exceptions to the regulations established:
(1) Permit reconstruction, extension or enlargement of a building occupied by a nonconforming use on the lot or tract occupied by such building, provided such reconstruction does not prevent the return of such property to a conforming use;
(2) Permit such modification of the height, yard, area, coverage and parking regulations as may be necessary to secure appropriate development of land which differs from other parcels in the district by being of such restricted area, shape or slope that it cannot be appropriate developed with such modification.
(D) Powers of the Board. The Board of Adjustment shall also have the following powers:
(1) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter;
(2) To hear and decide special exceptions to the terms of this chapter upon which the Board is required to pass under this chapter;
(3) To authorize upon appeal in special cases such variances from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, the literal enforcement of the provisions of this chapter shall be observed and substantial justice done.
(E) Reversal and petition.
(1) The concurring vote of four members of the Board shall be necessary to reverse the order, requirement, decision or determination of any such administrative official or to decide in favor of the application on any matter upon which it is required to pass under this chapter or to affect any variance in this chapter.
(2) Any persons, jointly or severally, aggrieved by any decision of the Board or any taxpayer or any officer, department or board of the municipality may present a petition setting forth that such decision is illegal, in whole or part, specifying the grounds of the illegality. Such petition shall be presented within ten days after the filing of the decision.
(F) Procedure for a variance request.
(1) Application and fee.
(a) An application for a variance shall be completed and signed by the owner of the property or his or her authorized agent. The application shall include the date of the application, the name and address of the owner, a description of the subject property, and the specific variance requested. One copy of a plain metric map showing boundary dimensions, adjacent property not separated by a street or an alley, and all existing buildings on the subject property shall also be submitted as part of the application.
(b) A fee of $250.00 shall be charged to defray the cost of processing an application.
(2) Board of Adjustment public hearing.
(a) The variance request is scheduled for a public hearing before the Board of Adjustment at their next regular meeting.
(b) Fifteen days prior to the hearing, a notice of public hearing shall be published in the official newspaper of the city and all property owners within 200 hundred feet of the subject property shall be notified.
(c) The Board of Adjustment shall approve, approve conditionally, or deny each application for a variance request.
(`87 Code, Zoning Ordinance, Art. IV, § 3) (Am. Ord. 1989-6, passed 5-2-89; Am. Ord. 2002-25, passed 2-19-02)