02.1010 Powers and Duties of the Board of Adjustment

The Board of Adjustment shall have judicial power to interpret the provisions of this Ordinance. It shall also have administrative duties to grant variance and special exceptions or conditional use permits, as follows: A. Interpret Ordinance and Map 1. Intent It is the intent of this Provision to provide a way whereby applicants who think that the Zoning Administrator is in error or does not interpret the provision of the zoning ordinance correctly, to obtain a relief from such error in an expeditions and inexpensive manner without having to resort to the courts. 2. Duty to Interpret The Board of Adjustment shall hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision, or refusal made in the enforcement of this Ordinance. The Board of Adjustment shall also interpret the zone map and boundaries thereof in cases of dispute or disagreement. B. Grant Variances The Board of Adjustments may authorize, upon appeal, variance from the terms of this Ordinance pertaining to area and width of lot, size of yards, and height and size of buildings, where owing to special conditions, peculiar to the property, a literal enforcement of this provisions of this Ordinance would result in the hardship which is unnecessary in carrying out the intent of this Ordinance. Before any variance may be granted however, it must be shown that: 1. The variance will not substantially affect the comprehensive plan of zoning and the adherence to the strict letter of the Ordinance will cause difficulties and hardships upon the petitioners which are unnecessary in order to carry out the purposes of this Ordinances. 2. Special circumstances attach to the property covered by the application that do not apply to other property in the same zone. 3. That because of said special circumstances, property covered by the application is deprived of privileges possessed by other properties in the same zone; and that the granting of the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone. 4. That the difficulties and hardships were not created by any act of the appellant subsequent to the effective date of the regulation appealed forms. C. Grant Certain Special Exceptions or Conditional Uses 1. Intent There are certain uses which are not permitted within particular zones unless they are made to comply with conditions which are compatible with other uses in the same zone. It is the intent of this provision to authorize the Board of Adjustment to use its discretion in prescribing these conditions. However, the Board of Adjustment may not authorize a conditional use unless such use is specifically permitted by the terms of this Ordinance. 2. Duty to Prescribe Conditions in Connection with Special Exceptions or Conditional Uses The Board of Adjustments shall hear and decide requests for “special exceptions” but only when authorized by the terms of this Ordinance to do so. In deciding whether or not to grant a special exception, the board shall be guided by the conditions set forth in this Ordinance with respect thereto, which conditions shall be deemed to be the minimum standards which must be complied with.