A. The board of adjustment shall have the power to hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of the zoning regulations set forth in section 12-201 et seq. of this part.
B. Exceptions or variances may be allowed by the board of adjustment only after notice and hearing as provided by this chapter. The record of the meeting at which the variance or special exception was granted shall show that each element of a variance or special exception was established at the public hearing on the question, otherwise the variance or special exception shall be voidable on appeal to the district court. In addition, notice of hearings shall be given to the city manager; and, upon request of the city manager, or in his absence the mayor of the city, an opportunity shall be given for the attendance at any board of adjustment meeting by the city attorney or city planner.
C. When exercising the powers provided in this chapter the board of adjustment, in conformity with provisions of the zoning regulations, may reverse or affirm, in whole or in part, or modify the order, requirement, decision or determination from which appealed, and make such order, requirement, decision or determination as ought to be made.
D. The concurring vote of at least three (3) members of the board of adjustment shall be necessary to reverse any order, requirement, decision or determination being appealed from, to decide in favor of the applicant or to decide any matter which may properly come before it pursuant to the zoning regulations. (Ord. 1989-11, 11-16-1989)