§ 2-66. Powers and duties.

The board of adjustment shall have the following powers and duties:

(1)

To hear appeals and make recommendations to the city council for final approval, where it is alleged there is an error in any order, requirement, decision or determination made by the building and zoning official or the council's designee in the administration of this Land Development Code.

a.

The provisions of this subsection shall not pertain to an appeal of the decision of the building official or the council's designee or code enforcement officer regarding the issuance of a citation for violation of any provision of the Code of Ordinances under the jurisdiction of the code enforcement special magistrate.

b.

Any person appealing the decision of the building official or the council's designee regarding the issuance of building or construction permits to another property owner must demonstrate, to the satisfaction of the building official or the council's designee that the decision of the building official or the council's designee has a direct, adverse effect on the person appealing such decision.

(2)

To hear a request for a variance from the provisions of this Land Development Code relating to zoning and determine whether such variance will be contrary to the public interest and whether, owing to special conditions, a literal enforcement of the provisions of this Land Development Code will result in unnecessary and undue hardship. In order to authorize any variance from the terms of this LDC the board must find that:

a.

Special conditions and circumstances exists which are peculiar to the land, structure, or building involved and which are not applicable to other lands, buildings, or structures in the same zoning district;

b.

Special conditions and circumstances do not result from the actions of the applicant;

c.

Granting the variance requested will not confer on the applicant any special privilege that is denied by this Land Development Code to other lands, buildings or structures in the same zoning district;

d.

Literal interpretation of the provisions of this Land Development Code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Land Development Code and would work unnecessary and undue hardship on the applicant;

e.

The variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure;

f.

The granting of the variance will be in harmony with the general intent and purpose of this Land Development Code and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare;

g.

There will be full compliance with any additional conditions and safeguards which the board may prescribe, including, but not limited to, reasonable time limits within which the action for which variance is required shall be started, completed, or both; and

h.

The variance granted would not violate the goals, objectives, and policies of the comprehensive plan.

(3)

To hear petitions involving proposed changes of nonconforming uses to other nonconforming uses, in accordance with the provisions of section 2-148 of this LDC;

(4)

To hear applications for special exception uses, in accordance with the provisions of section 2-105 et seq. of this LDC; and

(5)

To make, pursuant to section 8.02 of the Charter, a recommendation concerning all matters brought before it to the council for final approval. A petitioner dissatisfied with the board of adjustment's recommendation may appeal to council prior to council's decision. The council, by a majority vote, may approve or override the board's recommendation. The council's decision will be final.

(Ord. No. 05-536, § 301.20, 12-20-2005)