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The jurisdiction of the board of adjustment shall be limited to the following:
(a) Powers relative to errors. To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter.
(b) Powers relative to variances. To hear and decide upon petitions for variances to vary the strict application of the height, area, required yard, or other bulk requirements; reduction in minimum landscaping or minimum buffer yard landscape elements of § 160.485; minimum parking requirements in § 160.550; or off-premise sign spacing requirements of § 160.591(f) as will not be contrary to the public interest where:
(1) Due to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship and so that the spirit of the ordinance shall be observed and substantial justice done.
(2) Exceptional and extraordinary circumstances apply to the property that do not apply generally to other properties in the same zone or vicinity and that result from lot size or shape, topography or other circumstances which are not of the applicant's making.
(3) The variance is necessary for the preservation of a property right of the applicant that is substantially the same as that possessed by owners of other property in the same zone.
(4) The variance requested is the minimum variance that would alleviate the hardship.
(5) Grant or revoke waivers in the required hard surfacing of parking, loading and maneuvering areas or a portion thereof. Waivers shall be for a finite period and may be linked to a specific event, such as pending street or utility improvements. In no case shall the board grant permanent waivers of hard surfacing.
(c) Powers relative to exceptions. Upon petition, the board is hereby empowered to make the following zoning exceptions:
(1) To permit the reconstruction of a nonconforming building which has been destroyed or partially destroyed by fire or act of God, where the board shall find some compelling public necessity requiring the continuance of the nonconformance use.
(2) Allow, by permit, the temporary location, and placement of a single manufactured home, as defined by the ordinance, to be used as a primary temporary residence on a lot in any residential zoning district wherein the use is not otherwise specifically authorized for a period not to exceed one year, if the board first finds the following:
A. That the principal residence on the lot has been destroyed in whole or in part by unexpected catastrophe such as fire, flood, explosion or storm.
B. The board may determine the placement of the manufactured home on the lot.
(d) Limits to jurisdiction.
(1) The board of adjustment shall have no jurisdiction to hear requests or grant variances of the height limitations for broadcast towers, telecommunications towers, antenna support structures, and wireless communications facilities regulated by this code.
(2) The board of adjustment shall have no jurisdiction to hear requests or grant variances within the airport district regulated by this code.
(1992 Code, App. B, § 15.63.080) (Ord. 42-83, passed 6-27-1983; Ord. 43-86, passed 5-19-1986; Ord. 5-88, passed 1-18-1988; Ord. 72-88, passed 8-1-1988; Ord. 94-95, passed 7-3-1995; Ord. 17-98, passed 2-2-1998; Ord. 76-07, passed 6-4-2007; Ord. 9-13, passed 3-19-2013; Ord. 79-14, passed 10-14-2014; Ord. 37-19, passed 4-2-2019)