(A) Establishment of Board. The City Council is hereby constructed and established as the Board of Adjustments and Appeals.
(B) Powers and duties. The Board shall have the power and duties as are given it by state law, including that of hearing appeals or requests on the following cases:
(1) 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;
(2) Requests for variances from the literal provisions of this chapter in instances where strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration;
(3) Appeals from any action of the Zoning Administrator in denying or granting a building permit.
(C) Public hearing. Within 60 days after filing of a request for variance or an appeal from an administrative order or determination, the Board shall hold a hearing thereon and shall hear such persons as wish to be heard, either in person or by agent or attorney. Notices of any hearing shall be mailed not less than 10 days before the date of the hearing to the person or persons who file an appeal or request, and in the case of a request for a variance to each owner of property situated wholly or partially within 300 feet of the property to which the variance relates insofar as the names and addresses of such owners can be determined by the Board from records available. Within a reasonable time after the hearing the Board shall make its recommendations to the Council. The Council shall make the final decision. Recommendations of the Board are advisory to the Council.
(D) Records. The Board shall provide for a record of its proceedings, which shall include the minutes of its meetings, its findings, and the action taken on each matter heard by it, including its recommendation. The Clerk shall maintain a permanent record of the disposition of all appeals and requests for variances.
(E) Conditions. The Board may recommend the imposition of conditions to insure compliance and to protect adjacent properties. The Board may not recommend as a variance any use that is not permitted under this chapter for the property in the zone where the affected person's land is located.
(F) Appeal. Any person or persons jointly or severally aggrieved by any decision of the Council may appeal to the District Court as provided by law. The appeal shall be heard and determined by the court without a jury.
(Prior Code, § 908.03) (Am. Ord. 2011-8-1, passed 8-9-2011)