The governing authority of the municipality and the governing authority of the county may each create a board to be known as either the board of zoning appeals or zoning board of adjustment or they may jointly create a board to be known as the joint board of appeals or joint board of adjustment, all such boards hereinafter referred to as the board.

1. (1) To hear and decide appeals where it is alleged there is error in any order, requirement decision, or determination made by an administrative official in the enforcement of any ordinance or resolution adopted pursuant to this chapter.

2. (2) To authorize upon appeal in specific cases a variance from the terms of the ordinance or resolution as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the ordinance or resolution will, in an individual case, result in unnecessary hardship, so that the spirit of the ordinance or resolution shall be observed, public safety and welfare secured, and substantial justice done. Such variance may be granted in such individual case of unnecessary hardship upon a finding by the board of appeals that:

   1. (a) There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography, and
   2. (b) The application of the ordinance or resolution of this particular piece of property would create an unnecessary hardship, and
   3. (c) Such conditions are peculiar to the particular piece of property involved, and
   4. (d) Relief, if granted, would not cause substantial detriment to the public good or impair the purposes and intent of the ordinance or resolution or the comprehensive plan, provided, however, that no variance may be granted for a use of land or building or structure that is prohibited in a given district by ordinance or resolution.

3. (3) To hear and decide special exceptions subject to the terms of any ordinance upon which such board is required to pass under the terms of such ordinance; provided, that the governing authority may by ordinance designate itself or another body as the proper body to hear and decide special exceptions.

   In exercising the above powers, the board of appeals or board of adjustment may, in conformity with the provisions of this chapter, reverse or affirm, wholly or in part, or may modify the order, requirements, decision, or determination, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit. Either board in the execution of the duties for which appointed may subpoena witnesses and in case of contempt may certify such fact to the circuit court having jurisdiction.

   All final decisions and orders of the board shall be in writing and be permanently filed in the office of the board as a proper record. All findings of fact and conclusions of law shall be separately stated in final decisions or orders of the board.

The board must consist of not less than three nor more than nine members, a majority of which constitutes a quorum, appointed by the governing authority or authorities of the area served. The members shall serve for overlapping terms of not less than three nor more than five years or until their successors are appointed. A vacancy in the membership must be filled for the unexpired term in the same manner as the initial appointment. Members are removable for cause by the appointing authority upon written charges and after a public hearing. The appointing authorities shall determine the amount of compensation, if any, to be paid to the members of a board of zoning appeals or zoning board of adjustment. None of the members may hold any other public office or position in the municipality or county.

The board shall elect one of its members chairman, who shall serve for one year or until he is reelected or his successor is elected and qualified. The board shall appoint a secretary who may be an officer of the governing authority or of the planning commission. The board shall adopt rules in accordance with the provisions of any ordinance or resolution adopted pursuant to this chapter. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. The chairman or, in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses by subpoena. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

Appeals to the board may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality or county. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of appeals notice of appeal specifying the ground thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

An appeal stays all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board or by a court of record on application, on notice to the officer from whom the appeal is taken, and on due cause shown.

The board shall fix a reasonable time for the hearing of the appeal or other matter referred to it, and give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. At hearing any party may appear in person or by agent or by attorney.

The board of appeals or board of adjustment shall have the following powers: