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29-1. Organization. A board of appeals is hereby established. The word board when used in this section shall be construed to mean the board of appeals. Said board shall consist of seven (7) members appointed by the mayor with the approval of the council. Not less than three (3) members of the board shall be members of the city planning commission. The term of office of each member shall be five (5) years, except that the seven (7) members first appointed shall serve, respectively, for terms of one (1), two (2), three (3), four (4), five (5), six (6) and seven (7) years. Thereafter, as each term expires, the appointment shall be for five (5) years. Vacancies shall be filled for the unexpired term of the member whose place has become vacant. The mayor shall have the power to remove any member of the board for cause after notice and hearing. One (1) of the members of the board shall be named as chairman at the time of his appointment. ;i1=&20q;Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman or, in his 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 building official and shall be a public record. 29-2. Powers and duties. The board of appeals shall have the following powers: A. To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the building official in the enforcement of this ordinance. B. To hold public hearings on and, when in harmony with the general purpose and intent of this ordinance, to authorize a variance to the terms thereof: (1) The extension of a district where the boundary line thereof divides a lot in a single ownership at the time of the passage of this ordinance. (2) Interpretation of the provisions of this ordinance in such a way as to carry out the intent and purpose of this plan as shown upon the zoning district map where the street layout actually on the ground varies from the street layout as shown on the map. (3) The use of premises for public utility purposes and railroad purposes. (4) The reconstruction of a nonconforming building which has been damaged by explosion, fire, act of God or the public enemy to the extent of more than sixty (60) percent of its fair market value where the board finds some compelling necessity requiring a continuance of the conforming use and the primary purpose of continuing the nonconforming use is not to continue a monopoly. (5) Variation of the parking and loading regulations by not more than fifty (50) percent where it is conclusively shown that the specific use of a building would make unnecessary the parking and loading spaces otherwise required by this ordinance. (6) The classification of commercial or industrial uses not specifically listed in the ordinance as to the appropriate district therefor based on the general character of the use and its comparability with other uses specifically permitted in the district. C. To authorize, after public hearing as required by law, a variation in the strict application of the regulations with respect to a specific lot where, by reason of exceptional narrowness, shallowness or shape thereof or by reason of exceptional topography or other extraordinary or exceptional situation or condition, strict application of any provision of this ordinance would result in practical difficulties or particular hardship, the board of appeals shall require evidence that: (1) The property in question cannot yield a reasonable return if permitted to be used only under the conditions allowed by the regulations in that zone; (2) The plight of the owner is due to unique circumstances; (3) The variation, if granted, will not alter the essential character of the locality or impair the general purpose and intent of the comprehensive plan. D. Every variation shall be accompanied by findings of facts and shall refer to any exhibits containing plans and specifications for the variation which shall remain a part of the permanent records of the board of appeals. The findings of facts shall specify the reason or reasons for making the variation. 29-3. Procedure. Petition to the board of appeals or variations, as authorized in Section 29-2 hereof, may be made by any person or by an officer, department, board of bureau of the city affected by an decision of the building official. The appeal shall be taken within such time as shall be prescribed by the board by general rule by filing with the building official a notice of appeal or petition for variation specifying the grounds thereof. The building official shall forthwith transmit to the board all papers constituting the record from which the action appealed from is taken. A fee of twenty-five dollars ($25.00) shall accompany all notices of appeals. ;i1=&20q;An appeal shall stay all proceedings in furtherance of this action appealed from unless the building official certifies to the board, after notice of appeal shall have been filed with him, that, by reason of the facts stated in the certificate, a stay would, in his 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 or by a court of record. ;i1=&20q;The board shall fix a reasonable time for the hearing of the petition for appeal or variation and give due notice of the time, place and purpose thereof and shall decide the petition within a reasonable time. The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision or determination of the building official or to decide in favor of the applicant any matter on which it is required to pass under this ordinance or to effect any variations in the ordinance. |