§ 2. Variations.

The board of appeals, after a public hearing, may determine and vary the application of the regulations set forth in this ordinance in harmony with the general purpose and intent, only in the specific instances set forth in section 2 of this article.

A.

Board of appeals. The board of appeals shall consist of seven (7) members to serve five (5) year terms. Members shall be appointed by the mayor with the concurrence of the city council. One member of the board shall be a member of the planning commission.

1.

Chairperson. A chairperson shall be elected by the board membership to serve a one year term. Meetings of the board shall be called by the chairperson. Four (4) members of the board shall constitute a quorum.

2.

Duties.

(a)

The board shall select one of its members as secretary, who shall keep the minutes of the meetings of the board and shall keep its records and files.

(b)

The board shall keep minutes of its meeting, showing the vote of each member upon every question, including whether the member was absent or failed to vote. Every action, decision or determination of the board shall be signed by the chairperson, attested by the secretary, and filed in the office of the city clerk.

(c)

The board shall hear and decide appeals from any order, requirement, decision or determination made by the zoning administrator under this ordinance.

(d)

The board shall hear and decide all matters specifically referred to it by the provisions of this ordinance.

(e)

The board shall hear and decide requests for variations in the application of the regulations imposed by this ordinance as set forth in section 2 of this article.

3.

Voting. The concurring vote of four (4) members of the board is required to reverse any order, requirement, decision or determination of the zoning administrator. A simple majority of the board members present is required to permit any variation in the application of the regulations imposed by this ordinance or to decide in favor of the applicant on any matter upon which it is required to act under this ordinance.

4.

Testimony. All testimony by a witness shall be taken under oath and shall be made a part of the official board of appeals meeting records.

5.

Public hearings. A public hearing concerning an appeal shall be held prior to any action by the board. Procedures for the public hearing shall be in accordance with Article XV [XIV], section 1A3 of this ordinance.

6.

Authorized variations by the board of appeals. Variations from the regulations of this ordinance shall be granted by the board of appeals only in accordance with the standards established in section 3 of the article and may be granted only in the following instances, and in no others:

(a)

To permit a yard or setback required by the applicable regulations for those situations not covered by Article IV through Article XI but in no event shall the board permit a yard or setback less than eighty (80) per cent of the required yard or setback.

(b)

To permit the use of a lot or lots for a use otherwise solely prohibited because of insufficient area or width of the zoning lot for those situations not covered by Articles IV to XI, but in no event, shall the respective area and width of a zoning lot be less than eighty (80) per cent of the required area and width.

(c)

To reduce applicable accessory off-street parking or loading spaces required by not more than one parking space or loading space, or twenty (20) per cent of the applicable regulations, whichever number is greater.

(d)

To increase by not more than fifteen (15) per cent the maximum gross floor area of any use so limited.

7.

Standards of variations and conditions. Before granting any variation, the board shall hear sworn evidence upon and determine:

(a)

That the property in question cannot be economically used or cannot yield a reasonable return if permitted to be used only for the conditions allowed by the regulations,

(b)

That the plight of the owner is due to unique circumstances, and

(c)

That the variation, if granted, will not alter the essential character of the locality, impair an adequate supply of light and air to adjacent property, increase the congestion of traffic, or diminish or impair property values in the locality.

Every decision or order of the board granting a variation shall include findings of fact specifying the reason for granting the variation, including specifically, a finding that the evidence produced at the hearing sustains each of the conditions enumerated above. The board or the city council may prescribe such conditions or restrictions applying to the grant of a variation as it may deem necessary in the specific case to minimize the adverse effects of such variations upon other property in the neighborhood, and to secure the public health, safety, and other aspects of the general welfare.

Failure to comply with all of the conditions or restrictions included in the grant of a variance shall constitute a violation of this ordinance.