(a) Authority. The Board of Zoning Appeals shall be constituted and shall carry out its duties and responsibilities as prescribed by Section 6.03 of the Municipal Charter and this Zoning Code.
(b) Duties. It shall be the duty of the Board to:
(1) Administrative appeals. Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Development Services Director in the administration and enforcement of the provisions of this Code;
(2) Variances. Authorize, upon appeal, by reasons of exceptional narrowness, shallowness, shape, topographic conditions or other extraordinary situation or condition of a lot, a variance from strict application of the provisions of this Code for both zoning lots and sign regulations to relieve exceptional difficulties or undue hardship, provided such relief can be granted without substantial detriment to the public good and does not substantially impair the intent of this Code.
(3) Interpretation of zoning text and Map(s). Decide, upon appeal from a decision by the Development Services Director, any question involving the interpretation of the zoning text or Map(s);
(4) Decisions. Reverse or affirm, in conformity with this section, wholly or partly, or modify, the order, requirement, decision or determination appealed from, and make such order, requirement, decision or determination as ought to be made, and have all powers of the officer from whom the appeal is taken.
(c) Notice of Actions. Prior to the Board of Zoning Appeals taking any action pursuant to subsection (b) hereof, a notice setting forth the time and the place of an action of the Board and the nature of the requested action shall be given for one publication in one or more newspapers of general circulation in the County where the property is located at least ten days before the date of the Board's action. A fee shall be charged to the applicant for the advertisement. In addition, written notice of the action shall be mailed by the Municipal Clerk by first class mail, at least ten days before the date of the action, to all owners of property within, contiguous to and directly across the street from such area affected by the proposed action. Such notice is to be mailed to the address of such owners appearing on the County Auditor's current tax list or the County Treasurer's mailing list. A fee shall be charged to the applicant for such mailing.
(Ord. 2014-27. Passed 8-5-14.)