(A) Organization. A Board of Zoning Adjustment is hereby created which shall consist of the Planning Commission as a whole and the Chairman of the one shall likewise be the Chairman of the other.
(B) Meetings. The Board of Zoning Adjustment shall establish regular meeting dates, adopt rules for the conduct of its business, establish a quorum and procedure, and keep a public record of all findings and decisions. Each session of the Board of Zoning Adjustment shall be a public meeting with public notice of the meeting and business to be carried on published in a newspaper of general circulation in the city, at least one time, seven days prior to the meeting.
(C) Powers. The Board of Zoning Adjustment shall have the following powers:
(1) To hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the Zoning Administrator in the enforcement of these regulations and may affirm or reverse, in whole or part, the decision of the enforcement officer.
(2) To hear requests for variances from the literal provisions of the zoning regulations in instances where strict enforcement of the zoning regulations would cause undue hardship due to circumstances unique to the individual property under consideration, and grant such variances only when it is demonstrated that such action will be in keeping with the spirit and intent of the provisions of the zoning regulations. The Board of Zoning Adjustment shall not permit, as a variance, any use in a zone that is not permitted under the regulations. The Board of Zoning Adjustment may impose conditions in the granting of a variance to insure and to protect adjacent property.
(3) To hold hearings on, and decide the following exceptions to or variations of these regulations:
(a) To permit the extension of a district where the boundary line thereof divides a lot held in a single ownership at the time of adoption of these regulations.
(b) Interpret the provisions of these regulations in such a way as to carry out the intent and purpose of the plan, as shown upon the zoning map where the street layout on the ground varies from the street layout as shown on this map.
(c) Classify commercial or industrial uses which are likely to create hazards and reviews the locations of proposed industrial uses.
(4) The Board may hear applications and take such action as permitted on matters specifically referred to it under these regulations.
(Ord. 26, passed 10-24-67)