[R.O. 2009 §25-46; Ord. No. 2739 §43-92.1, 5-20-1985]
The Board of Adjustment is hereby established to further the general purpose and intent of this Chapter by varying its terms in appropriate circumstances, subject to conditions and safeguards and in accord with the other provisions in this Chapter.
[R.O. 2009 §25-47; Ord. No. 2739 §43-92.2, 5-20-1985; Ord. No. 3561 §1, 9-15-1997]
The Board of Adjustment shall consist of five (5) regular members and three (3) alternate members all of whom shall be residents of the City. The members shall be appointed by the Mayor with the consent and approval of the majority of the Board of Aldermen. Nothing in this Code shall preclude or prohibit a member of the Planning and Zoning Commission from being appointed as a member of the Board of Adjustment. Appointments of the regular members in the first (1st) instance shall be for one (1), two (2), three (3), four (4) and five (5) year terms and thereafter all appointments shall be for a term of five (5) years. Appointments for the alternate members shall be for five (5) year terms. The alternate members so appointed, shall be designated as first (1st), second (2nd) and third (3rd) alternates, respectively, and shall serve in order of the aforementioned designation only on those occasions when a regular member or members of the Board of Adjustment due to absence, conflict or otherwise cannot serve in considering a matter pending before the Board of Adjustment. Appointments to fill vacancies shall be made for the unexpired portion of the term only. All members of the Board of Adjustment present at meetings shall receive as compensation, fifty dollars ($50.00) per meeting. Members of the Board of Adjustment may be removed for cause by the Mayor and the Board of Aldermen. A member thus removed may request and receive a written statement of charges and public hearing before the Board of Aldermen.
[R.O. 2009 §25-48; Ord. No. 2739 §43-92.3, 5-20-1985]
The Board of Adjustment shall elect a Chairman and Vice Chairman from among its members. These officers shall serve for a term of one (1) year and may be re-elected.
[R.O. 2009 §25-49; Ord. No. 2739 §43-92.4, 5-20-1985]
The Board of Adjustment may adopt such rules as necessary from time to time to carry out the provisions of this Division, provided they are not inconsistent with the provisions of this Chapter or other ordinances of the City. Meetings of the Board of Adjustment shall be held at the call of the Chairman and at such other times as the Board of Adjustment may determine. The Chairman, or in his/her absence the Vice Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board of Adjustment shall be open to the public. The Board of Adjustment shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact. All testimony, objections thereto and rulings thereon shall be taken down by a reporter employed by the Board of Adjustment. The Board shall keep records of its examinations and other official actions and all records shall be filed immediately in the office of the City Clerk/Administrator and shall be a public record.
[R.O. 2009 §25-50; Ord. No. 2739 §43-92.5, 5-20-1985]
The Board of Adjustment shall have the following powers and duties:
To hear and decide all matters referred to it and upon which it is required to act under this Division;
To interpret the provisions of this Chapter in such a way as to carry out its intent and purpose;
To hear appeals in the manner prescribed in Division 7 of this Article where it is alleged there is error in any order, requirement, decision or determination made in the enforcement or interpretation of this Chapter;
To authorize variations upon appeal in accordance with the provisions of Division 7 of this Article;
To permit the construction and/or use of a building or the use of premises for public utility purposes;
To permit the reconstruction of a non-conforming use or building which has been damaged by explosion, fire, act of God or public enemy, to the extent of more than fifty percent (50%) of its replacement value, where the Board of Adjustment finds some compelling public necessity requiring a continuance of the non-conforming use;
To permit a variation in the yard requirements of any district where there are severe practical difficulties or extreme hardships in the carrying out of these provisions due to an irregular shape or size of the lot, the sites of pre-existing buildings, topographical or other site conditions; provided however, that such variation shall not have a serious adverse impact on any adjoining property or the general welfare or establish an unsatisfactory precedent for other locations and situations;
To permit the extension of a district where the boundary line of a district divides a lot held in a single ownership on May 20, 1985.