(a) 
The board shall be composed of seven members and two alternates who shall serve in the absence of one or more regular members when requested to do so by the chair.
(b) 
Appointments to the board shall be made in the manner specified in city charter, section 7.01.
(c) 
Eligibility for membership on the commission is as specified in the charter.
(Ordinance 2022-02-22-02 adopted 2/22/22; Ordinance 2025-06-16-03 adopted 6/16/2025)
The board of adjustment shall have the following powers:
(1) 
To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by any administrative official or a commission in the enforcement of this, or other ordinances of the city, which specifically delegate that authority to the board of adjustment.
(2) 
To authorize upon appeal in specific cases such variance from the terms of an ordinance 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, and so that the spirit of the ordinance shall be observed and substantial justice done.
(3) 
To bring about the discontinuance of a nonconforming use or noncomplying structure upon direction of city council. In determining a termination date for nonconforming uses and structure, the board shall set such a date so as to provide the owner with a reasonable opportunity to recoup or recover the owner’s investment in the nonconforming use or structure, taking into account the actual dollars invested, the investment recouped, the life expectancy of the use or structure, any contingencies which are particular to the use or structure, the expected salvage value, amount recouped through depreciation as allowed by the Internal Revenue Service, necessary demolition and clearing costs, and all other relevant information.
(Ordinance 2018-07-16-07 adopted 7/16/18)
The board of adjustment shall adopt rules in accordance with the provisions of this chapter. Meetings of the board of adjustment shall be held at the call of the chairman and at such other times as the board may determine. Such chairman, or in the chairman’s absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board 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, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.
(Ordinance 2018-07-16-07 adopted 7/16/18)
Board of adjustment members shall serve for a term of two (2) years. Vacancies shall be filled by the city council for the remainder of the unexpired term of any member whose term becomes vacant.
(Ordinance 2018-07-16-07 adopted 7/16/18)
The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.
(Ordinance 2018-07-16-07 adopted 7/16/18)
All cases to be heard by the board of adjustment will always be heard by a minimum of six (6) members.
(Ordinance 2018-07-16-07 adopted 7/16/18)
(a) 
A board member may be removed for cause, as found by the city council, on a written charge after a public hearing.
(b) 
A written charge asserting that cause exists to remove a board member from office may be filed by any resident of the city or any person doing business in the city (including city employees), and shall be in the form of a signed and sworn statement that shall state the reasons for the proposed removal and why those reasons amount to cause, and may include any relevant documentary evidence the charging party deems appropriate.
(c) 
The written charge shall be filed with the city secretary who shall distribute it to the city council, the city attorney, and the board member who is the subject of the written charge.
(d) 
Upon receipt of a written charge meeting the criteria set forth herein, the mayor shall place the matter on the next available council agenda.
(e) 
At the city council meeting at which the written charge is considered, the city council shall afford the charging party and the board member who is the subject of the written charge an opportunity to present their arguments for and against removal.
(1) 
The presentation by each side shall be no longer than 30 minutes unless the city council votes to allow more time.
(2) 
The presentations shall be heard by the city council in open session.
(3) 
The presentations may include offering documents for the city council to consider.
(f) 
Following the presentations, the city council shall consider and vote on the matter.
(Ordinance 2018-07-16-07 adopted 7/16/18; Ordinance 2025-08-18-01 adopted 8/18/2025)
Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality affected by any decision of an administrative officer or commission as provided for by other city ordinances. Such appeal shall be taken within 30 days from the date the decision was made as provided by the rules of the board, by filing with the officer or commission from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer or commission from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.
(Ordinance 2018-07-16-07 adopted 7/16/18)
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 of adjustment, after the notice of appeal shall have been filed with the officer him, that by reason of facts stated in the certificate a stay would, in the officer’s opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.
(Ordinance 2018-07-16-07 adopted 7/16/18)
In exercising the above-mentioned powers, the board of adjustment may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer or commission from whom the appeal is taken.
(Ordinance 2018-07-16-07 adopted 7/16/18)
The concurring vote of six (6) members of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or commission, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in this chapter.
(Ordinance 2018-07-16-07 adopted 7/16/18)