§140.29. Board of appeals

            A.(1) The zoning ordinances shall provide for a board of appeals comprised of seven members, all of whom shall be appointed by the city council.

            (2) Members shall serve five-year terms after initial terms as provided in this Subsection. Two members shall serve an initial term of one year; two shall serve two years; one shall serve three years; one shall serve four years; and one shall serve five years, as determined by lot at the first meeting of the board.

            (3) Members shall serve without compensation.

            (4) Vacancies resulting from the expiration of a term or for any other reason shall be filled for the remainder of the unexpired term in the manner of the original appointment.

            (5) A member may be removed for cause stated in writing and after a public hearing.

            B. The zoning ordinance may provide and specify general rules to govern the organization and procedure of such board of appeals, which rules shall not be inconsistent with the provisions of this Subpart.

            C. The zoning ordinance may provide that the board of appeals may permit special exemptions to the zoning regulations in the classes of cases or situations and in accordance with the principles, conditions, safeguards, and procedures specified in the ordinance. The ordinance may also authorize the board of appeals to interpret the zoning maps and pass upon disputed questions of lot lines or district boundary lines or similar questions as they arise in the administration of the zoning regulations. The ordinance may also authorize the board of appeals to grant a variance from the strict application of zoning regulations where other procedures for variance or modification are not specified in the zoning ordinance.

            D. Appeals to the board of appeals may be taken by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any grant or refusal of a building permit or other act or decision of the building inspector or permit and zoning clerk of the municipality or other administrative official based in whole or in part upon the provisions of any ordinance enacted under this Subpart.

            E. The board of appeals shall have the following powers:

            (1) To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, permit, decision, or refusal made by the municipal building commissioner or any other administrative official in the carrying out or enforcement of any provision of any ordinance enacted pursuant to this Subpart.

            (2) To hear and decide, in accordance with the provisions of any such ordinance, request for special exceptions or for interpretations of the map or for decisions upon other special questions upon which such board is authorized by any such ordinance to pass.

            (3) To hear and decide on requests for a variance from the strict application of the zoning regulations where no other procedure for obtaining relief is specified in the ordinance and where due to exceptional topographic conditions or other extraordinary and exceptional characteristics of a specific piece of property, the strict application of regulations would result in peculiar and exceptional or undue hardship upon the owner of such property, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zoning plan and zoning ordinance.

            Acts 1962, No. 52, §29; Acts 2020, No. 294, §1, eff. Jan. 1, 2022.