(A) In accordance with the requirements of law for a Board of Zoning Adjustment and the authority granted by law for the City Council to serve in that capacity, the City Council shall constitute a Board of Zoning Adjustment.
(B) The Board of Adjustment shall act upon all questions as they may arise in the administration of this chapter, including the interpretation of zoning maps, and it shall hear and decide appeals from and review any order, requirement, decision, or determination made by such an administrative official charged with enforcing the chapter. Such appeal may be made by any person, firm, corporation aggrieved or by any officer, department, or commission of the city. The Board of Adjustment shall decide the same within a reasonable time.
(C) Such appeal shall be filed with the Board of Adjustment through the Zoning Officer in writing accompanied by reasons and supporting facts. Within a reasonable time after receipt by the Zoning Officer of filing of a request for an appeal from an administrative order or determination, the Planning Commission shall review the appeal and report to the Board of Zoning Adjustment.
(D) The Board of Adjustment shall hold a public hearing on the appeal and shall hear such persons as wish to be heard, either in person or by agent or attorney. Notice of such hearing shall be mailed to the person or persons who filed the appeal or request. The Board of Adjustment may, so long as such action is in conformity with the terms of the chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the Zoning Officer from whom the appeal was taken and may issue or direct the issuance of a permit. The concurring vote of a majority of the members of the Board shall be necessary to reverse any order, requirement, decision, or determination of the Zoning Officer, or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter, or to effect any variation in the application of this chapter. The reason for the Board’s decision shall be stated in written findings. Any aggrieved person shall have the right to appeal to the District Court for the county.
(E) The Board of Adjustment shall have power to vary or adapt the strict application of any of the requirements of this chapter in the case of exceptionally irregular, narrow, or shallow lots, or other exceptional physical conditions, whereby such strict application would result in practical that would deprive the owner of the reasonable use of the land or building involved, but in no other cases except as specifically described in § 156.073.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022)