(a) 
A board of adjustment is hereby established. The city council shall have the authority to act as a board of adjustment as provided by law until such time as the city council shall appoint a separate board of adjustment.
(b) 
If the council appoints a board of adjustment other than the city council, the board of adjustment shall consist of not less than five (5) members, each to be appointed for a term of two (2) years and removable for cause by the city council upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose place becomes vacant for any cause, in the same manner as the original appointment was made. Three (3) members shall serve until January 1 of odd-numbered years, as heretofore appointed, and two (2) members, as even-numbered years, and thereafter each member reappointed shall serve for a full term of two (2) years unless removed as hereinabove provided. The city council may also appoint four (4) alternate members of the board, who shall serve in the absence of one or more of the regular members when requested to do so by the chairman of the board, so that all cases to be heard by the board will always be heard by a minimum number of four (4) members. These alternate members, when appointed, shall serve for the same period as the regular members, which is for a term of two (2) years, and any vacancy shall be filled in the same manner and they shall be subject to removal by the same means and under the same procedures as the regular members.
(c) 
Vacancies shall be filled for the unexpired term of any member whose term becomes vacant. Each member of the board of adjustment must be a resident of the city and qualified to vote.
(d) 
The board shall adopt rules in accordance with the provisions of this division. Meetings of the board shall be held at the call of the presiding officer and at such other times as the board may determine. Such presiding officer, or in his absence the acting presiding officer, 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. The concurring vote of a majority of the members of the board shall be necessary to reverse any order, requirement, decision or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance.
(e) 
All cases before the board of adjustment must be heard by at least seventy-five percent (75%) of its members. Seventy-five percent shall mean 4 members.
(Ordinance 09-04, sec. 3, adopted 6/16/09)
The board of adjustment shall have the following powers:
(1) 
To hear and decide appeals where it is alleged there is error in an order, requirement, decision or determination made by an administrative official in the enforcement of this division [the zoning ordinance].
(2) 
To hear and decide special exceptions to the terms of this division [the zoning ordinance] upon which the board is required to pass under this division, as amended.
(3) 
To authorize, in specific cases, a variance from the terms of this division [the zoning ordinance] as will not be contrary to the public interest, and, where owing to special conditions, a literal enforcement of the provisions of the ordinance would result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice done.
(4) 
In specific cases authorize by permit a variation of the application of the minimum yard and area standards herein established [in the zoning ordinance] in harmony with their general purpose and intent; provided, however, that the board of adjustment shall have no power to grant a variation of the use of buildings and land.
(5) 
To hear and decide other matters authorized by this division [the zoning ordinance], as amended.
(Ordinance 09-04, sec. 3, adopted 6/16/09)
(a) 
Appeals to the board of adjustment may be taken by a person aggrieved, or by any officer, department, board or bureau of the city affected, by any decision of the building official. Such appeal shall be taken within fifteen (15) days after the decision has been rendered by the administrative official, as provided by the rules of the board, by filing with the officer from whom the appeal is taken, and with the board of adjustment, a notice of appeal specifying the grounds thereof. The officer 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.
(b) 
An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies, in writing, to the board of adjustment, facts supporting the officer’s opinion that a stay would cause imminent peril to life or property. In such case, the proceedings may be stayed only by a restraining order granted by the board of adjustment or by a court of record on application, after notice to the officer, if due cause is shown.
(c) 
The board of adjustment shall fix a reasonable time for the hearing of the appeal, and give public notice thereof, and due notice to the parties in interest. Any party may appear at the appeal hearing in person, by agent or by attorney. The board shall decide the same within a reasonable time.
(d) 
In exercising the above-mentioned powers, the board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the building official from whose action the appeal is taken.
(e) 
No order of the board of adjustment permitting the erection or alteration of a building shall be valid for a period longer than six (6) months, unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.
(f) 
No order of the board of adjustment permitting a use of building or premises shall be valid for a period longer than six (6) months, unless such use is established within such period; provided, however, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for said erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion in accordance with the terms of such permit.
(Ordinance 09-04, sec. 3, adopted 6/16/09)
(a) 
Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment or any taxpayer or any officer, department, board or bureau of the municipality may present to a court of record a petition duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within ten (10) days after the filing of the decision in the office of the board.
(b) 
Upon presentation of such petition the court may allow a writ of certiorari directed to the board of adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator’s attorney, which shall not be less than ten (10) days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, after notice to the board and on due cause shown, grant a restraining order.
(c) 
The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.
(d) 
If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a referee to take such evidence as it may direct and report the same to the court with its findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm wholly or partly, or may modify the decision brought up for review.
(e) 
Costs shall not be allowed against the board unless it shall appear to the court that it acted with gross negligence or in bad faith, or with malice, in making the decision appealed from.
(Ordinance 09-04, sec. 3, adopted 6/16/09)