1131.03  BOARD OF ZONING APPEALS.
   (a)   Establishment and Powers.  A Board of Zoning Appeals is hereby established to administer the details of the application of the regulations of this Zoning Code and to determine and vary their application in harmony with their general purpose and intent in accordance with the general provisions of this Zoning Code.  The Board shall consist of five members, one of whom shall be the President of Council.  The other four members shall be citizens of the City, not in the service of the City, who shall be appointed by Council to serve without compensation for a term of one, two, three and four years, with all subsequent terms to be for a four-year period.  The President of Council shall be a voting member of the Board.  Hearings of the Board shall be public, but any hearing on an appeal case shall be preceded by a notice published not less than six days in advance of such hearing, as provided in Section 123.03 of the Administrative Code.
(Ord. 1971-76.  Passed 12-8-71.)
   (b)   Appeals.  Appeals to the Board may be taken by any person or by any officer, board or commission of the Municipality affected by any grant or refusal of a building permit or by any other decisions of the Building Officer in regard to the requirements of this Zoning Code.  Such appeals shall be filed within thirty days from such ruling upon an appropriate form furnished by the City for an appeal.  The Board may, in accordance with the provisions of this Zoning Code, refuse or affirm, wholly or partly, the appeal.
   (c)   Variations on Lots.  The Board shall have the power to grant the projection of any building into a required yard to secure a building or structure practicable in its construction and arrangement or to grant other variations, in the following cases:
      (1)   Upon an irregular shaped lot having the required area.
      (2)   Upon a lot of exceptional topography.
      (3)   Upon an exceptionally narrow, shallow or irregular lot, existing and of record at the time of the passage of this Zoning Code (Ordinance 1946-47, passed August 7, 1946, as amended).
      (4)   To establish or adjust a district line where it passes through a lot or where the lot layout actually differs from that shown or implied on the Zoning Map.  (Ord. 1946-47.  Passed 8-7-46.)
   (d)   Cases of Hardship.  Where the strict application of any provision of this Zoning Code would result in undue hardship upon the owner of a specific property, the Board shall have the power to modify or vary such strict application, provided that such modification or variation remains in harmony with the general purpose and intent of this Zoning Code, so that public health, safety, convenience, comfort, prosperity and general welfare will be conserved and substantial justice done.  All persons making application for variances shall deposit with the Building Officer a fee of forty dollars ($40.00) to cover the cost of mailing notices and other expenses involved in a hearing before the Board.  (Ord.  2000-16.  Passed 2-28-00.)