§ 44-1286. Powers.  


Latest version.
  • The board of zoning appeals shall have the following powers:

    (1)

    Errors. To hear and decide appeals when it is alleged there is error in any order, requirement, decision, or determination made by any administrative official.

    (2)

    Variances. To hear and grant appeals for variances as will not be contrary to the public interest, when, owing to special conditions, a literal enforcement will result in unnecessary hardship, so that the spirit and purposes of this chapter shall be observed and the public safety, welfare, and justice secured. Use variances shall not be granted.

    (3)

    Substitutions. To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses provided no structural alterations are to be made and the city plan commission has conducted a review and made a recommendation. Whenever the board permits such a substitution, the use may not revert and may not be changed thereafter without application.

    (4)

    Permits. The board may reverse, affirm wholly, or partly modify the requirements appealed from, and may direct the issue of a permit.

    (5)

    Assistance. The board may request assistance from other city officers, departments, commissions, and boards.

    (6)

    Oaths. The chairman may administer oaths and compel the attendance of witnesses.

(Code 2004, § 17.1104)