The board of adjustment shall have judicial power to interpret the provisions of title 10 of this code. It shall have administrative duties to grant variances or special exceptions as follows:
A. Interpret Ordinance And Map:
1. Intent: It is the intent of this provision to provide a way whereby applicants who believe that the planning and zoning administrator or the planning commission is in error or does not interpret the provisions of title 10, "Zoning Regulations", of this code correctly, to obtain relief from such error in an expeditious 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 applicant that there is error in any order, requirement, decision or refusal made in the enforcement of title 10, "Zoning Regulations", of this code. The board of adjustment shall also interpret the zone map and boundaries thereof in cases of dispute or disagreements.
B. Appeal Authority:
1. Conditional Uses: The board of adjustment may hear appeals pertaining to conditional uses within zones. The board will study and interpret the guidelines set forth in title 10, chapter 13, "Conditional Uses", of this code in order to authorize their decision.
2. Granting Of Variances: The board of adjustment may authorize, upon appeal, variances from the terms of the zoning regulations 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 the provisions of title 10 of this code would result in a hardship which is unnecessary in carrying out the intent of this title.
3. Duty To Examine And Investigate: It is the function and duty of the board of adjustment to examine and investigate each application to determine that:
a. The variance will not substantially affect the comprehensive general plan of zoning and that adherence to the strict letter of the zoning regulations will cause difficulties and hardships upon the petitioner which are unnecessary in order to carry out the purposes of the zoning regulations.
b. Special circumstances are attached to the property covered by the application which do not apply to other properties in the same zone.
c. 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 a variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone.
d. The difficulties and hardships were not created by any act of the appellant subsequent to the effective date of the regulation appealed from.
C. May Attach Reasonable Conditions:
1. The board of adjustment may attach reasonable conditions or requirements to the granting of a variance with which the petitioner must comply as a condition of the grant of approval.
2. A time limit of one year shall be attached to the exercise or nonexercise of any grant, unless specifically extended by action of the board.
D. May Reverse Or Affirm Enforcing Office:
1. In performing the duties and powers as set forth herein, the board of adjustment is hereby empowered to reverse, affirm wholly or partly, or modify the order, requirement, decision or determination of the enforcing office, and may make such order or requirement as ought to be made.
2. In interpreting and applying the provisions of title 10 of this code, the requirements contained herein shall be deemed to be the minimum requirements for the purpose set forth. (Ord. 2010-06, 10-12-2010)