(A) The City Council shall act as the Board of Appeals and Adjustments.
(B) The Board of Appeals and Adjustments shall have the power and duty of hearing and deciding appeals where it is alleged that there is an error in any order, requirement, decision, or determination made by an administrative officer in the enforcement of this chapter and to also hear and decide on requests for variances. The conditions for issuing a variance are indicated in § 153.025(B).
(C) The Board shall make no decision on an appeal or variance until the Planning Commission has had reasonable opportunity, not to exceed 60 days, to review and report to the Board upon the appeal or variance petition.
(D) The Board may reverse or affirm, wholly or in part, or may modify the order, requirement, decision, or determination as, in its opinion, ought to be made, and to that end shall have all the powers of the officer from whom the appeal was taken, and may issue or direct the issuance of a permit. The reasons for the Board decision shall be stated and recorded. The decision of the Board shall not be final, and any person having an interest affected by such decision shall have the right to appeal to the Rice County District Court regarding questions of law and fact. A vote of a majority of the Board of Appeals and adjustments shall be necessary to reverse any decision of an administrative official of the city or of the City Council, or to decide in favor of the applicant.
(E) The function of the City Council acting as the City Council shall be separate from and exclusive of the functions of the Commission acting as Zoning Board of Adjustments and Appeals. If the Council has been meeting as the City Council, it shall adjourn or recess, as appropriate, and reconvene in order to meet as the Zoning Board of Appeals and Adjustments. If the City Council has been meeting as the Zoning Board of Appeals and Adjustments, it shall adjourn or recess, as appropriate, and reconvene in order to meet as the City Council.
(Ord. passed 2-29-1996; Am. Ord. 2006-188, passed 1-26-2006)