The Board of Adjustment shall have the following powers:
(A) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administration official in the enforcement of these zoning regulations;
(B) To hear and decide special exceptions to the terms of these zoning regulations upon which the Board is required to pass;
(C) To authorize upon appeal in special cases, the variances from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, the literal enforcement of the provisions of the chapter will result in unnecessary hardship, and so that the spirit of this chapter shall be observed and substantial justice done;
(D) In exercising its powers the Board may, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from and make the order, requirement, decision or determination as ought to be made and shall have all the powers of the officer from whom the appeal is taken;
(E) The concurring vote of 75% of the members of the Board, regardless of the number present for any meeting or hearing, is necessary to reverse an order, requirement, decision, or determination of an administrative official, or to decide in favor of an applicant on a matter on which the Board is required to pass under this chapter, or to authorize a variance from the terms of this chapter; and
(F) Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustments or any taxpayer, or any officer, department, board or bureau of the city may present to a court of record a petition, duly verified, setting forth that the decision is illegal, in whole or in part, specifying the grounds of the illegality. The petition shall be presented to the court within ten days after the filing of the decision in the office of the Board and not thereafter. Proceedings in the court shall be as provided in the State Local Government Code.
(Ord. 605, passed 1-25-2000; Ord. 605D, passed 11-26-2002; Am. Ord. 605-F, passed 1-11-2011)