(A) (1) A Zoning Board of Adjustment is hereby created. The Board of Adjustment shall consist of five members, appointed by the City Council. The term of the members thereof and the filling of vacancies therein shall be as set by the City Council. The Zoning Board of Adjustment shall adopt rules in accordance with the provisions of this section or any amendment thereto. Meetings of the Zoning Board of Adjustment shall be held at the call of the Chairperson and at times as the Board may determine. All meetings of the Board of Adjustment shall be open to the public.
(2) The Board of Adjustment shall keep minutes of its proceedings, show the vote of each member upon each question or, if absent of failing to vote, indicate the fact, and shall keep a record of its examinations and other official actions, all of which shall be immediately filed in the office of the City Clerk and shall become a public record.
(B) The Zoning Board of Adjustment shall have the following powers:
(1) To hear and decide appeals when it is alleged there is error in any order, requirement, decision or determination made by the City Clerk, Building Inspector or other administrative official;
(2) To hear and decide special exceptions to the terms of the zoning or other ordinances upon which the Board of Adjustment is required to pass; and
(3) To authorize upon appeal in specific cases, variances from the terms of the ordinances as will not be contrary to the public interest, where owing to special conditions a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, so that the spirit of the ordinances will be observed and substantial justice done.
(2002 Code, § 37.03)