SEC. 2.30. BOARDS AND COMMISSIONS GENERALLY. All Board and Commission appointments authorized by ordinance or resolution shall be made by the Mayor and confirmed by the Council a the second regular meeting in January of each year. The term of each appointee shall be established and stated at the time of his appointment, and terms of present Board and Commission members may be re-establish and changed so as to give effect to this Section. New appointments shall assume office on May 1, April 30 being the date of expiration of terms. Provided, however, that all appointees to Boards and Commissions shall hold office until their filled in the same manner as for an expired term. No appointed Board or Commission member shall be an employee of the City except those who are members by virtue of their office. All appointed Board and Commission members shall serve without remuneration, but may be reimbursed for out-of-pocket expenses incurred in the performance of their duties when such expenses have been authorized by the Council before they were incurred. The Chairman and Secretary shall be chosen from and by the Board or Commission membership annually to serve for one year, provided that no Chairman shall be elected who has not completed at least one year as member of the Board or Commission. Any Board or Commission membership may be removed by the Council for misfeasance, malfeasance or non-feasance in office and his position filled as any other vacancy. Each Board and Commission shall hold its regular meetings at a time established and approved by the Council. All members shall be residents of the City, except that one member of each Board or Commission may be a residents of Koochiching County and non-resident of the City, if the Council deems such arrangement more representative. The Mayor and City Clerk shall be ex officio members of all Boards and Commissions; provided, that if they are unable to attend a meeting or act in the capacity of such membership, they may be represented by an assistant or some person duly authorized by them. Except as otherwise provided, this Section shall apply to all Boards and Commissions.
Source: City Code Effective Date: 12-15-79
SEC. 2.32. ZONING BOARD OF APPEALS.
Subd. 1. Creation and Membership. A Zoning Board of Appeals consisting of five members of which at least one member shall be a concurrent member of the Planning Commission (selected by majority vote of the Planning Commission) shall be appointed by the Mayor, with the consent of the Council to serve respectively for the following terms: one for one year, one for two years, one for three years, one for four years and one for five years; the successor to each member so appointed to serve for a term of five years. The Zoning Board shall appoint a Chairman form among the member of the Zoning Board of Appeals. The Chairman, or in his absence, the Acting Chairman, may direct testimony and compel the attendance of witnesses. The Council shall have the power to remove any member of the said Board of Appeals shall be filled for the unexpired term of the member whose place has become vacant in the manner herein provided for the appointment of such member.
Source: City Code Effective Date: 11-28-81
Subd. 3 Findings and Conclusions. Every decision of the Zoning Board of Appeals shall be accompanied by findings of fact and shall refer to any exhibits containing plans and specifications for any proposed variance, which such plans and specifications shall remain a part of the permanent records of the Zoning Board of Appeals. The findings of fact shall specify the reason or reasons for the Zoning Board of Appeal's decision, which shall be final subject to appeal recourse to the Council which may affirm, modify or reverse any finding, and to judicial review in cases where the decision of the Board and Council are contested by the applicant. The terms of any relief granted shall be specifically set forth in a conclusion or statement separate from the findings of fact. Every rule or regulation, every amendment or repeal thereof, and every order, requirement, decision or determination of the Zoning Board of Appeals shall be filed immediately with the Council and shall be a public record.
Subd. 4. Quorum. No hearings shall be conducted by the Zoning Board of Appeals without a quorum consisting of the majority of all members shall be necessary to any appeal action decided by the Zoning Board of Appeals, and a concurring vote of four members for any action approving a variance to the provisions of the Zoning Chapter.

SEC. 11.60 ADMINISTRATION
Subd. 1. Zoning Administrator. An administrative staff member designated by the City shall be the Enforcement Officer and shall be responsible for the enforcement of this Chapter. The duties of the Zoning Administrator shall be as follows:
A. Examine all applications pertaining to the use of land, buildings, or structures; and grant approval of, and issue permits or take other appropriate action on, such applications when in conformance with the provisions of this Chapter.
B. Keep a record of all non-conforming uses within the several zoning districts of the City.
C. Periodically inspect buildings, structures, and uses of land to determine compliance with the terms of this Chapter.
D. Notify, in writing, any person responsible for violating a provision of this Chapter, indicating the nature of the violation and ordering the action necessary to correct it.
E. Maintain permanent and current records of this Chapter, including all maps, amendments, conditional uses, community unit plans and variances.
F. Attend all scheduled Planning Commission and Board of Appeals and Adjustment meetings and hearings in annex-officio capacity. The responsibility for drafting recommendations, resolutions and decisions for the public record may be assigned to the Zoning Administrator at the option of the chairperson of the Commission or Board.
Subd. 2. Variance Procedures. The Zoning Board of Appeals shall have the following jurisdiction and authority:
A. To hear and decide appeals from, and review and order, requirement, decision or determination made by an administrative officer in the enforcement of this Chapter where it is alleged that there is an error.
B. To hear requests for variances from the literal provisions of the Zoning Chapter in instances where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property or by reason of exceptional topographic conditions or for a need to exceed height restrictions as provided herein when the issue of safety has been sufficiently addressed or other extraordinary and exceptional situations or conditions of such piece of property, the strict application of the terms of the Chapter would result in peculiar and exceptional practical difficulties to or exceptional or undue hardship upon the owner of such property to authorize, upon an appeal relating to such property a variance from such strict application so as to relieve such difficulties or hardship; provided, that such relief may be granted without substantial detriment to the public good and without substantially impairing the intent of the zoning plan an the City Code; provided, that no variance shall be granted unless the Board finds that all the following conditions exist:
1. The special circumstances or conditions applying to the buildings or land in questions are peculiar to such property or immediately adjoining property, and do not apply generally to other land or buildings in the vicinity.
2. The granting of the applications is necessary for the preservation and enjoyment of a substantial property right and not merely to serve as a convenience to the applicant.
3. The authorizing of the variance will not impair an adequate supply of light and air to adjacent property to unreasonably increase the congestion in public streets or increase the danger of fire or impair the public safety or unreasonably diminish or impair established property values within the surrounding areas or in any other respect impair the health, safety, comfort, morals or general welfare of the inhabitants of the City.
C. The Zoning Board of Appeals and Adjustment may not permit, as a variance, any use that is not permitted under the Zoning Chapter in the zone in which the subject property is located. The Board may impose conditions in the granting of variances to ensure compliance and to protect adjacent properties.
D. To allow parking spaces as required in Section 11.06 of this Chapter to be located off street on another property provided such space is within five hundred (500) feet measured along line of public access of the use in question, and under such conditions that will protect the character of surrounding property.
E. To interpret the appropriate zoning district for any uses not listed as permitted or conditional uses.
F. Specific conditions and safeguards may be imposed to prevent injurious effects upon other property in the neighborhoods or upon public facilities and services. Violation of such conditions and safeguards shall be a violation of this Chapter.
G. No variance permitting the erection or alteration of a building shall be valid for a period longer than six (6) months unless a building permit for such erection or alteration is issued and construction is actually begun within that period and is thereafter diligently pursued to completion.
Source: Ordinance No. 9.26 Effective Date: 12-15-79
(Sections 11.61 through 11.69, inclusive, reserved for future expansion.)