A Board of Zoning Appeals is hereby established. Such Board shall consist of five (5) members, one of whom shall be a member of the Planning Commission and two (2) members of the board shall be a residents outside the city limits but within three (3) miles, and all members shall be appointed by the Governing Body. Members shall be appointed for terms of three (3) years each except the Planning Commission member which will be annually selected. Vacancies shall be filled by appointment for the unexpired term. All members of said board shall serve without compensation.
The Board shall annually elect one of its members as chairperson, vice-chairperson and shall appoint a secretary who may be a board member or an employee of the City. The Board shall follow rules or procedure for the conduct of business as directed in the Zoning Ordinance. Meetings of the Board shall be held at the call of the chairperson and at such other times as the Board may determine. The Board shall keep minutes of its proceedings, showing evidence presented, findings of fact by the Board, decisions of the Board and voting upon each question. Records of all official actions of the Board shall be kept.
The Board of Zoning Appeals shall administer the details of appeals or other matters referred to it regarding the application of the Zoning Ordinance. The Board shall have the following specific powers:
A. To hear and decide on appeals where it is alleged that there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of the Zoning Ordinance.
B. To permit a variance in the yard requirements of any district where there are practical difficulties or unnecessary hardships in the carrying out of these provisions due to an irregular shape of the lot, or topographical or other conditions, provided such variance will not seriously affect any adjoining property or the general welfare or where variance may be permitted which allow unusual arrangement on the lot and still clearly and unmistakable accomplish the intent of this Ordinance. The Board must find that the granting of such variance will not merely serve as a convenience to the applicant, but will alleviate some demonstrable or unusual hardship or difficulty.
C. To hear and grant exceptions to district zoning regulations and interpret provisions of the Zoning Ordinance in such a way as to carry out the intent and purposes of the Comprehensive Plan.