§ 25-9. Board of adjustment.

(a)

There is hereby created a board of adjustment to have and exercise the following powers: (1) to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the city council, in the enforcement of this article; (2) to hear and decide special exceptions to the terms of this article upon which such board of adjustment under such article may be required to pass; and (3) to hear and decide specific variances as provided under subsection 25-7(d).

(b)

The board of adjustment shall consist of five members appointed by the city council and each shall serve for a term of three years until a successor is duly appointed and qualified. Of the members first appointed, two shall be appointed for a term of one year, two for a term of two years, and one for a term of three years. Members shall be removable by the appointing authority for cause, upon written charges, after a public hearing. No member of the city council may be a member of the board of adjustment.

(c)

The board of adjustment shall adopt rules for its governance and in harmony with the provisions of this article. Meetings of the board of adjustment shall be held at the call of the chairperson and at such other times s the board of adjustment may determine. The chairperson, or in the absence of the chairperson, the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board of adjustment shall be 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, and shall keep records of its examinations and other official action, all of which shall immediately be filed in the office of the city clerk and shall be a public record.

(d)

The board of adjustment shall make written findings of facts and conclusions of law giving the facts upon which it acted and its legal conclusions from such facts in reversing, affirming, or modifying any order, requirement, decision, or determination which comes before it under the provisions of this article.

(e)

The concurring vote of four of the members of the board of adjustment shall be necessary to reverse any order, requirement, decision, or determination of the city council, or to decide in favor of the applicant on any matter upon which it is required to pass under this article, or to effect any variation to this article.

(Ord. No. 1307 , § 1, 11-9-16)