Board of zoning appeals.

A. Board of zoning appeals established: There is hereby established a board of zoning appeals. Said board shall consist of seven members appointed as provided by law.

The board of zoning appeals shall select one member as its chairman and another to serve as its vice-chairman, each for a term of one year and subject to reelection. The chairman, or in his absence, the vice-chairman, may administer oaths and compel the attendance of witnesses.

The board shall also select one member as secretary to keep minutes and maintain the records of the board of zoning appeals.

B. Meetings: All meetings of the board of zoning appeals and all hearings shall be open to the public. Meetings shall be held at the call of the chairman and at such other times as the board may determine. Meetings may be called at the request of three members of the board. The board shall keep minutes of its proceedings showing the vote of each member upon every question decided by it, or if any member is absent or fails to vote, indicating such fact. Statement of the facts found by the board shall be included in the minutes of each case heard or considered by it. The reason for recommending or denying an exception as herein provided shall also appear in the minutes. In every instance, a statement of the facts upon which such recommendations are based shall appear in the minutes. The board shall adopt its own rules of procedure, a copy of which and all amendments thereto shall be filed in the office of the clerk. The minutes of the board shall be open to public examination at reasonable hours. Expenses incurred by the board of appeals are to be itemized and shall be borne by the city.

C. Jurisdiction: The board shall hear and decide appeals from, and review any order, requirement, decision, or determination, made by the administrative official charged with the enforcement of this ordinance.

The board of zoning appeals shall also hear all applications for variations to the provisions of this ordinance and shall submit its recommendations, based upon a finding of fact, for enactment in an amended ordinance. The board of appeals shall not have the power to grant a variation until a public hearing has been held by the board of zoning appeals, pursuant to notice and upon receiving the board's report with a finding of fact.

The board of zoning appeals shall have no authority to authorize change in the use of any parcel of property or structure.

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision or determination of the officer from whom an appeal is taken or to decide in favor of the applicant any matter in which said board is required to pass under the provisions of this ordinance.

D. Appeals and review: Any person aggrieved by a ruling of the building commissioner, respecting the interpretation of this ordinance or any officer, department, board or bureau of the city affected by a ruling of the building commissioner concerning the interpretation of the ordinance, may take an appeal to the board of zoning appeals. Such appeal shall be taken within such time as shall be prescribed by the board of appeals by general rules adopted by it, and shall be taken by filing with the building commissioner and with the board of zoning appeals a notice of appeal, specifying the grounds thereof, together with such plats and exhibits as are reasonably necessary. Such appeal shall be taken upon forms provided by the board of zoning appeals. The building commissioner shall forthwith transmit to the board all the papers constituting the record upon which the action appealed was taken.

E. Stay of proceedings: The appeal shall stay all proceedings and furtherance of the action appealed from unless the commissioner certifies to the board of zoning appeals after the notice of appeal has been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case the proceeding shall not be stayed otherwise than by a restraining order which may be granted by the board of zoning appeals or by court of record on application, with notice to the building commissioner, and all due causes shown.