Board of Adjustment

Overview

The board shall have the duty and power to decide:

Appeals

Hear and decide appeals from any order, requirement, determination or decision of the Planning Commission and/or Zoning Administrator's application of the zoning ordinance. The board shall hear and decide appeals from Planning Commission decisions regarding conditional use permits. The board may not hear or decide upon an appeal of any zoning ordinance amendment. An appeal may not be used to waive or modify the terms or requirements of the zoning ordinance.

Special Exceptions

Hear and decide special exceptions to the terms of the zoning ordinance where the City Council has granted jurisdiction to the board to do so. The board may hear and decide special exceptions if authorized to do so by the zoning ordinance and based only upon the standards contained in the zoning ordinance.

Variances

Hear and decide all applications for variance from the terms of the city Zoning Ordinance other than allowing a use in a zone which is not listed as a permitted or conditional use. Such decisions shall be made in accordance with State law, Section 7-18-107 of this Chapter and the rules adopted by the board.

Nonconforming Use

Hear and make determinations regarding the existence, expansion, or modification of nonconforming uses.