§ 4-301. Duties and powers of the Board of Adjustment.  


Latest version.
  • Upon proper application, the Board of Adjustment has the duty and the power to hear and decide appeals pertaining to chapter 22 of this Code where:

    (1)

    It is alleged that there is error in any order, requirement, decision, interpretation, or determination made by a City employee involving the application or necessity of compliance with the provisions of said chapter 22; or

    (2)

    A special exception to the provisions of said chapter 22 is sought respecting:

    [a]

    The extension of a district where the boundary line of a district divides a lot in single ownership as shown of record,

    [b]

    The reconstruction of a non-conforming building which has been partially or totally destroyed by fire or act of God, and the City has found some compelling public necessity requiring a continuance of the non-conforming use,

    [c]

    The interpretation of the provisions of said chapter 22, when the street layout actually on the ground varies from that layout as shown on the map fixing the several districts, which map was attached to and made part of said chapter 22, or

    [d]

    The granting of exceptions to the off-street parking requirements of said chapter 22 (article XII, sections 431.5—431.7), when it is alleged that

    [1]

    The size and shape of the lot to be built on is of such nature that off-street parking provisions could not be complied with,

    [2]

    The proposed use of the land is similar in nature to adjacent land uses, and

    [3]

    The proposed use would not create undue traffic congestion in the adjacent street;

    (3)

    A variance is sought in the height, area and size of yards and open spaces as provided in said chapter 22.

    (b)

    The Board of Adjustment shall keep the minutes of all its meetings, and such minutes shall contain the vote or abstention of each member of that Board, the members' absences, a record of all the Board's examinations and other official actions. Such minutes shall be public record and filed in the office of the City Clerk within ten (10) days from the date of their approval.

(Ord. No. 0-7475-31)