The Board of Zoning Appeals shall have the following powers and it shall be its duty:
(a) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the City Manager in the enforcement of the City's Planning and Zoning Code, Property Maintenance Code or Sign Code or regulations promulgated thereunder. The Board of Zoning Appeals may reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination and to that end shall have all the powers of the City Manager from whom the appeal is taken.
(b) To hear and decide requests for variances as to the City's Planning and Zoning Code, Property Maintenance Code, or Sign Code or regulations promulgated thereunder provided all of the following items have been addressed:
(1) That such variance is necessary for the preservation and enjoyment of a substantial property right of the applicant possessed by owners of other properties in the same area;
(2) That exceptional or extraordinary circumstances or conditions apply to the subject property that do not apply generally to other properties in the same area;
(3) That the essential character of the neighborhood would not substantially be altered;
(4) That adjoining properties would not suffer a substantial detriment as a result of the variance;
(5) That the variance would not adversely affect the delivery of governmental services, (e.g. water, sewer, garbage, police protection, fire protection);
(6) That the special circumstances or conditions do not result from any action of the property owner or any of the property owner's predecessors in title;
(7) That the property owner's request for a variance cannot feasibly be obviated through some method other than a variance; and
(8) That the spirit and intent behind the zoning requirement affecting the area would be observed and substantial justice done by granting the variance.
(c) To permit the erection or use of a building or the use of a premises for public utility purposes where the Board finds such public utility to be reasonably necessary for the public convenience or welfare and where such use contains conditions governing design, construction or operation so as to adequately safeguard the health, safety, and welfare of the occupants of adjoining and surrounding property.
(d) To hear and decide requests for variances Section 505.18 of the Code, related to the keeping of bees.
(e) Nothing contained herein shall permit the Board of Zoning Appeals to grant variances to any State law or administrative regulation promulgated thereunder or permit the Board to grant variances as to uses not otherwise permitted within a zoning district.
(Ord. 24-2020. Passed 12-14-20.)