The Board of Adjustment shall have the following duties and powers.
(A) Administrative review. To hear and decide appeals when it is alleged that there is error in any order, requirement, decision, or determination made by the City Manager or Building Inspector in the enforcement of this chapter.
(B) Special exceptions; conditions governing applications; procedures.
(1) To hear and decide only the application for special exceptions as the Board of Adjustment is specifically authorized to pass upon by the terms of this chapter; to decide the questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with the conditions and safeguards as are appropriate under this chapter, or to deny special exceptions when not in harmony with the intent and purpose of this chapter.
(2) A special exception shall not be granted by the Board of Adjustment unless and until:
(a) A written application for a special exception is submitted indicating the section of this chapter under which the special exception is sought and stating the grounds on which it is requested;
(b) Notice of public hearing shall be posted on the property for which special exception is sought and shall be published at least 15 days prior to the public hearing in a newspaper of general circulation in the City of Raton;
(c) The public hearing shall be held. Any party may appear in person, or by agent or attorney; and
(d) The Board of Adjustment shall make a finding that it is empowered under the section of this chapter described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public interest.
(3) In granting any special exception, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of the conditions and safeguards, when made a part of the terms under which the special exception is granted, shall be deemed a violation of this chapter and punishable under § 156.194. The Board of Adjustment shall prescribe a time limit within which the action for which the special exception is required shall be begun or completed, or both.
(C) Variances; conditions governing applications; procedures. To authorize upon appeal in specific cases the variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardship. A variance from the terms of this chapter shall not be granted by the Board of Adjustment unless and until:
(1) A written application for a variance is submitted demonstrating:
(a) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district;
(b) That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this chapter;
(c) That the special conditions and circumstances do not result from the actions of the applicant; and
(d) That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to owners of other lands, structures, or buildings in the same district. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance.
(2) Notice of public hearing shall be given as in division (B)(2)(b) above.
(3) The hearing shall be held. Any party may appear in person, or by agent or by attorney.
(4) The Board of Adjustment shall make findings that the requirements of division (C)(1) above have been met by the applicant for a variance.
(5) The Board of Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.
(6) (a) The Board of Adjustment shall further make a finding that the granting of a variance will be in harmony with the general purpose and intent of this chapter, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
(b) In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of the conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter and punishable under § 156.194.
(D) Actions of Board concerning appeals; special exceptions. In exercising the powers set forth in division (A) above and division (C) above, the Board may, in conformity with the provisions of this chapter, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make the order, requirement, decision, or determination as ought to be made, and to that end shall have the powers of the administration official from whom the appeal is taken.
(1981 Code, App. A) (Ord. 624, Art. XV, § 4, passed 2-25-1975; Am. Ord. 699, passed 6-8-1982)