The board has the following powers:

(1)

Special exceptions and interpretation of zoning regulations and map. The board has the power to hear and decide, in accordance with the provisions of this chapter, applications filed with the city clerk for special exceptions or for interpretation of city zoning regulations or maps, or for decision upon other special questions upon which the board is authorized to pass by this chapter. In considering an application for a special exception or interpretation of city zoning regulations or maps, the board shall give due regard to the nature and condition of all adjacent uses and structures; and in authorizing a conditional use or special exception, the board may impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to those expressly stipulated in city zoning regulations for the particular special exception, as the board may deem necessary for the protection of adjacent properties and the public interest, health, safety and general welfare. The jurisdiction of the board to hear and determine such applications for special exceptions or for interpretation of city zoning regulations or maps shall be original and no application to or appeal from the decision of the zoning officer shall be a prerequisite to such jurisdiction.

(2)

Other special exceptions. In addition to permitting the special exceptions herein specified, the board has the power to permit the following special exceptions:

a.

Nonconforming uses; substitutions. The substitution of a nonconforming use existing at the time of enactment of the ordinance from which this chapter is derived for another nonconforming use, if no structural alterations, except those required by law or resolution, are made; provided, however, in a residence district, no change shall be authorized by the board to any use which is not a principal permitted use in any residence district, and in a business district, no change shall be authorized to any use which is not a permitted principal use in any business district.

b.

Temporary structures and uses. The board may authorize the temporary use of a structure or premises in any district for a purpose or use that does not conform to the regulations prescribed elsewhere in city zoning regulations for the district in which it is located, provided that such use is of a temporary nature and does not involve the erection of a substantial structure. A zoning clearance permit for such use shall be granted in the form of a temporary and revocable permit, for not more than a 12-month period, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.

c.

Interpretation of zoning map. Where the street or lot layout actually on the ground or as recorded differs from the street and lot lines as shown on the zoning maps, the board, after notice to the owners of the property and after public hearing, shall interpret the map in such a way as to carry out the intent and purposes of city zoning regulations. In case of any question as to the location of any boundary line between zoning districts, a request for interpretation of the zoning maps may be made to the board and a determination shall be made by said board.

d.

Interpretation of zoning regulations. If there is uncertainty as to the meaning and intent of a textual provision of city zoning regulations, the city clerk, the zoning officer or the chairperson of the planning and zoning commission may request the board to interpret the same, and the board shall make a determination within 30 days.

e.

Administrative review and variances. The board has the power to hear and decide appeals, filed as herein provided, where it is alleged that there is an error in any order, requirement, decision, determination, grant or refusal made by the zoning officer or other administrative official in the enforcement and interpretation of the provisions of city zoning regulations.

f.

Variances where literal enforcement would create undue hardship. The board has the power to authorize upon appeal specific variances from the terms, provisions or requirements of city zoning regulations as will not be contrary to the public interest; provided, however, such variances shall be granted only in such cases where, owing to special and unusual conditions pertaining to a specific piece of property, the literal enforcement of the provisions or requirements of city zoning regulations will result in practical difficulty or unnecessary hardship, so that the spirit of city zoning regulations shall be upheld, public safety and welfare secured and substantial justice done.

g.

Variances; conditions prevailing. When by reason of the exceptional narrowness, shallowness or unusual shape of a specific piece of property, or where by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition, or of the use or development of property immediately adjoining the piece of property in question, the literal enforcement of the requirements of city zoning regulations would involve practical difficulty or would cause unnecessary hardship (unnecessary to carry out the spirit and purpose of city zoning regulations) the board has the power to authorize a variance from the terms of said zoning regulations so as to relieve such hardship. In authorizing a variance, the board may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the interest of the furtherance of the public interest. In authorizing a variance with attached conditions, the board shall require such evidence and guarantee or bond as it may deem to be necessary to enforce compliance with the conditions attached.

(3)

Variances; finding of the board. No variance of the provisions or requirements of city zoning regulations shall be authorized by the board unless the board finds, by clear and convincing evidence, that all of the following facts and conditions exist:

a.

Exceptional circumstances. There are exceptional or extraordinary circumstances or conditions applying to the property in question, or to the intended use of the property, that do not apply generally to other properties or classes of uses in the same zoning district.

b.

Preservation of property rights. Such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity.

c.

Absence of detriment. The authorizing of such variance will not be of substantial detriment to adjacent property and will not materially impair the purposes of city zoning regulations or the public interest.

d.

Not of general nature. The conditions or situation of the specific piece of property or the intended use of said property for which a variance is sought is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situation.

(4)

Variances; board may reverse orders. In exercising its power, the board, in conformity with the provisions of statutes and of this chapter, 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 as ought to be made, and to that end shall have all powers of the officer from whom the appeal is taken.

(5)

Credible evidence. Prior to granting any request for special exception, interpretation of city zoning regulations and map or variance, the applicant for any such action must provide credible evidence to the board that notice of such request was delivered to all property owners of record immediately adjacent to and bordering on the subject property.

(Code 2014, § 24.07)