§ 25-18. Appeals to board.

(a)

Appeals may be taken to the board as follows:

By any person affected by an order, requirement, interpretation, decision, or determination made by the zoning administrator, provided that variances from the regulations and standards of this chapter shall be granted by the board only in accordance with the regulations and standards set forth in this section, and may be granted in the following instances only and in no others.

In exercising the above-mentioned powers such board may, in conformity with the provisions of sections 89.010 to 89.140, 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 the powers of the officer from whom the appeal is taken. The concurring vote of four (4) members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance or to effect any variation in such ordinance.

(b)

The board shall have the authority:

(1)

To permit any yard, court, protective buffer or spacing between buildings of less dimension than required by the applicable regulations;

(2)

To permit any structure to exceed the height limitations imposed by the applicable regulations;

(3)

To permit greater building to lot ratio coverage than required by the applicable regulations;

(4)

To permit the use of a lot for a use otherwise prohibited solely because of the insufficient area of the lot;

(5)

To permit a reduction in the minimum habitable floor area of a dwelling unit or lodging unit;

(6)

To permit a reduction in the minimum or an increase in the maximum floor area of a building imposed by the applicable regulations;

(7)

To permit the construction of a nonconforming structure which has been destroyed or damaged to an extent of more than seventy-five (75) percent of its value, by fire, an act of God or the public enemy, where the board shall find some compelling necessity requiring a continuance of the nonconforming structure;

(8)

To extend the time for completion of the construction of improvements as set forth in section 25-12 and section 25-114;

(9)

To permit a variation from applicable provisions of any of the current building, plumbing, electrical, or mechanical codes adopted by the city.

(c)

A public hearing is held as follows:

(1)

After at least fifteen (15) days, but not more than thirty (30) days, public notice of the time and place of the hearing of a proposed variance shall be published in an official paper or a paper of general circulation in the city. The notice of such hearing shall contain the address and location of the property for which the variance is sought as well as a brief description of the variance sought. The applicant shall pay the cost of such publication;

(2)

Each application for a variance shall be accompanied by a fee of seventy-five dollars ($75.00) to be paid by the applicant.

(d)

Request for variation and relief from provisions of this chapter other than those listed in this section shall be considered by the planning and zoning commission and city council. The board of adjustment shall not hear appeals of decisions made by the planning and zoning commission or city council.

(Ord. No. 11029, § 3, 4-6-92; Ord. No. 11296, 6-16-97)