§ 20.14. Jurisdiction [of board of adjustment].  


Latest version.
  • 1.

    The board of adjustment when in its judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured, after public notice and public hearing, and subject to appropriate conditions and safeguards, may:

    a.

    Hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this subchapter or an ordinance adopted under this subchapter;

    b.

    Hear and decide special exceptions to the terms of a zoning ordinance when the ordinance requires the board to do so;

    c.

    Authorize in specific cases a variance from the terms of a zoning ordinance if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice is done;

    d.

    Permit the reconstruction, extension or enlargement of a building occupied by a nonconforming use on the lot or tract occupied by such building provided such reconstruction does not prevent the return of such property to a conforming use and permit the expansion of off-street parking or off-street loading for a nonconforming use;

    d[1].

    Permit such modifications of the height, yard, area coverage and parking regulations as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being such restricted area, shape, or slope that it cannot be appropriately developed without such modification; and

    e.

    Require the discontinuance of nonconforming uses of land or structure under any plan whereby the full value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this ordinance. All actions to discontinue a nonconforming use of land and structure shall be taken with due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and preservation of property. The board shall, from time to time, on its own motion or upon cause presented by interested property owners, inquire into the existence, continuation or maintenance of any nonconforming use within the city.

    2.

    In exercising its authority under subsection 1.a, the board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the board has the same authority as the administrative official.

    3.

    The concurring vote of four members of the board is necessary to:

    a.

    Reverse an order, requirement, decision, or determination of an administrative official;

    b.

    Decide in favor of an applicant on a matter on which the board is required to pass under a zoning ordinance;

    c.

    Authorize a variation from the terms of a zoning ordinance.