A. Board Established; Composition; Appointment And Term: A Board of Adjustment is hereby established to exercise the powers enumerated and in conformity with the provisions of subsection 7-3-2B below. The Board of Adjustment shall be composed of five (5) members, each to be appointed by the Board of Trustees, by majority decision, for terms of three (3) years each. Members may be reappointed at the end of their term. (Ord. 81, 5-2-1949; 1990 Code)
B. Powers And Duties: The Board of Adjustment shall hear and decide appeals from and review any order, requirement, decision or determination made by any administrative official charged with the enforcement of any ordinance or regulations adopted pursuant to this Section or Section 7-3-1 of this Chapter. It shall also hear and decide all matters referred to it or upon which it is required to pass under any zoning ordinance or regulation. The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official, or to decide in favor of the applicant any matter upon which it is required to pass under any such ordinance or regulation or to effect any variation in such ordinance.
C. Appeals:
1. An appeal to the Board shall be taken within such time as shall be prescribed by the Board by general rule, by filing with the officer from whom the appeal is taken to the Board a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all 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 with him, that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board 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 hearing of the appeal and give due notice thereof to the parties, and decide the same within a reasonable time. Upon hearing, any party may appear in person or by agent or by attorney.
4. The Board may reverse or affirm, wholly or partly, or may modify the order, requirement, 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 the powers of the officer from whom the appeal is taken. Where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of such an ordinance or regulation, the Board shall have the power in passing upon appeals to vary or modify the application of the regulations or provisions of such ordinance relating to the use, construction or alteration of buildings or structures, or the use of land, so that the spirit of the ordinance shall be observed, public safety and welfare secured and substantial justice done. (Ord. 81, 5-2-1949)