A. A Board of Zoning Adjustment is hereby established for the City of Kellogg, which shall consist of the City Council and the Planning Commission of Kellogg. The terms shall be the same as for the City Council membership.

[Amended 1-12-2004]

B. Officers, rules and meetings. The Board shall annually elect a Chairperson and Vice Chairperson from amongst its members and shall appoint a secretary, who need not be a member of the Board. It shall adopt rules for the transaction of its business and shall keep a public record of its transactions, findings and determinations.

C. The Board of Adjustment shall act upon all questions as they may arise in the administration of this chapter, including the interpretation of Zoning Maps, and it shall hear and decide appeals from and review any order, requirement, decision or determination made by such an administrative official charged with enforcing the chapter. Any officer, department, board or bureau of the City may take by any person, firm or corporation aggrieved or such appeal. The Board of Adjustment shall also have the power to grant variances to the provisions of this chapter under certain conditions. The conditions for the issuance of a variance are as indicated in § 220-39 of this chapter. No use variances (uses different than those allowed in the district) shall be issued by the Board of Zoning Adjustment.

D. The Board of Adjustment shall make its order deciding the matter and shall serve a copy of such order to the appellant or petitioner by certified mail. Any party may appear at the hearing in person or by agent or attorney.

E. The Board of Adjustment may reverse or affirm, wholly or partly, or may modify the Zoning Administrator's order, as in its opinion, ought to be made in the premises. The reasons for the Board's decision shall be stated.