§ X. Board of zoning adjustment.

A. Designation, organization and meetings of board.

1. The board of zoning adjustment, hereafter referred to as the board, shall consist of members appointed by the city council of the City of Doniphan.

2. The board shall establish regular meeting dates, adopt rules for the conduct of its business, establish a quorum and procedures and keep a public record of all findings and decisions.

3. Each session of the board shall be a public meeting with public notice of said meeting and business to be carried out and published in a newspaper of general circulation in the city, at least one time, seven days prior to the meeting.

B. Appeals from decision of zoning officer. The board may hear appeals from the decisions of the zoning officer in respect to the enforcement and application of this ordinance; and may affirm or reverse, in whole or in part, said decision of the zoning officer.

C. Variances. The board may hear request[s] for variances from the literal provisions of the zoning ordinance in instances where strict enforcement of the zoning ordinance would cause undue hardship due to circumstances unique to the individual property under consideration, and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the zoning ordinance. The board shall not permit as a variance any use in a zone that is not permitted under the ordinance. The board may impose conditions in the granting of a variance to ensure compliance and to protect adjacent property.

D. Fees. The appellant or applicant shall be required to pay to the city clerk a filing fee of $5.00 to cover such other costs as may be incurred in connection with such appeal or application.

E. Appeal from decisions of board. Decisions of the board in respect to appeals from the decisions of the zoning officer and requests for variances shall be subject to appeal only to a court of record having jurisdiction.