2. Establishment of the Board. The establishment of the Board shall be in accordance with the procedures and policies set forth in State law. The Board shall consist of five members. All members of the Board shall be at least eighteen years of age and legal residents of the City.
3. Terms for Members. The terms of office for the members of the Board shall be staggered five-year terms as set forth in State law, such that only one regular term expires each year so as to provide continuity in policy and personnel.
4. Selection of Members. All members shall be appointed by the Mayor, subject to the approval of the Council. Any vacancy for an unexpired term shall be filled for the remainder of that term upon mayoral appointment and council approval of a successor member.
5. Chairperson Election and Rules Adoption. The Board shall elect from its membership a Chairperson. It shall also establish and adopt rules for its organization and the transaction of business and shall keep a public record of its proceeding.
6. Board Secretary. A Secretary to assist the Board shall be appointed by the City Administrator. The Secretary shall keep minutes of the Board meetings for public record and conduct all correspondence, including the notification of decisions. The Secretary shall also certify records. The Secretary shall prepare and submit the minutes of Board meetings to the Chairperson and the Board.
7. Duties and Powers.
A. Errors. The Board shall have the power to hear and decide on appeals where it is alleged that there is an error in any order, requirement, decision, determination, or interpretation by the Code Official.
B. Variances. The Board shall have the power to hear and decide on appeals wherein a variance to the terms of this code is proposed. Limitations as to the Board’s authorization shall be as set forth in this code.
C. Conditional Uses. The Board shall review and act upon a conditional use application based on the criteria established in Section 171.02 of this code and in conformance with the applicable regulations in this Zoning Code.
D. Decisions. The Zoning Ordinance is a document that lays out very specific requirements deemed to be in the best interest of the City by the Planning Commission and the Council. In most cases, those requirements must be met by property owners and developers; however, in some rare cases the enforcement of those requirements may be found to cause extreme hardship for an individual, and a variance may be granted. Variances shall not be granted by the Board simply because no one objects, or because it seems harmless in an isolated circumstance. Any variance granted shall reflect the spirit and intent of the code and shall not constitute the granting of a special privilege. The following variance criteria shall be utilized by the Board in hearing variance requests. No variance shall be granted by the Board unless affirmative findings can be made for each of the applicable following criteria:
(1) Unique Circumstances. The subject property is unique or exceptional as compared to other properties subject to the same provisions by reason of:
(a) Irregularity,
(b) Narrowness,
(c) Shallowness,
(d) Substandard or marginal size;
(e) Exceptional topographical features; or
(f) Other extraordinary conditions peculiar to and inherent in the subject property and that relate to or arise out of the property rather than the personal situation of the current owner of the property, and that amount to more than a mere inconvenience to the owner.
(2) Not Exclusively for Financial Gain. The purpose of the variance is not based exclusively upon a desire to increase financial gain from the property. Proof that the property cannot be used for its highest or best use under the regulations applicable to it – or that it could be used more profitably if not subject to such regulations – should not in itself justify granting a variance.
(3) Hardship Not Self-Created. The unique or special condition referenced in subsection (1) above existed at the time of the enactment of the provisions of this code that affect it, or was the result of government action (other than adoption of the Zoning Ordinance) for which no compensation was paid, and has not been created by any persons presently having an interest in the property.
(4) Substantial Rights Denied. Carrying out the strict letter of the provisions of the Zoning Ordinance would deprive the property owner of substantial rights commonly enjoyed by other property owners subject to the same provisions.
(5) Not Special Privilege. The hardship affecting the property is not merely the inability of the owner or occupant to enjoy some special privilege or additional right not available to owners or occupants of other property subject to the same provisions.
(6) Not Detrimental. Granting the variance will not be detrimental to the public welfare or materially injurious to the enjoyment, use, or development of property in the vicinity; would not materially impair an adequate supply of light and air to adjacent properties; would not substantially increase congestion in the public streets, or increase the danger of flood or fire, or endanger the public safety, or substantially diminish or impair property values in the vicinity.
(7) No Other Remedy. There is no means other than the requested variance by which the hardship can be avoided or remedied to a degree sufficient to permit a reasonable use of the property.
Written findings citing each of these criteria shall be made for each case to document the process and decision of the Board.