A. The city council is the board of adjustment for the area within the city boundaries. Meetings of the board are held at the call of the mayor. The presiding officer or mayor may administer oaths and compel attendance of witnesses. Meetings and hearings of the board shall be open to the public and the board shall keep minutes of its proceedings as a public record.
B. The board of adjustment shall hear and decide:
1. appeals regarding alleged errors in enforcement of zoning ordinances and land use permits;
2. appeals from the decisions of the planning commission on requests stated in Chapter 13.02 of this title; and
3. appeals from the decisions of the planning commission on requests for variances from the terms of the zoning ordinance which are not contrary to the public interest, when a literal enforcement would deprive a property owner of rights commonly enjoyed by other properties in the same district.
C. A variance shall not be granted because of special conditions caused by actions of the person seeking relief or for reasons of pecuniary hardship or inconvenience. A variance shall not be granted which will permit a land use in a district in which that use is prohibited.
(Ord. 82-06 (part), 1981)