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The Board of Zoning Appeals consists of five members appointed by the Board of Commissioners. The Board meets on an as needed basis and all board members shall be residents of the city at the time of and during their term of appointment.
The board of zoning appeals has the following powers:
Administrative review. To hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, permit, decision, determination or refusal made by the building inspector or other administrative official in the carrying out or enforcement of any provision of this chapter.
Special exceptions. To hear and decide applications for special exceptions upon which the board of zoning appeals is specifically authorized to pass.
Variances. To hear and decide applications for variance from the terms of this chapter, but only where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property which at the time of the adoption of the provisions of this chapter was a lot of record; or where by reason of exceptional topographic conditions or other extraordinary or exceptional situations or condition of a piece of property the strict application of the provisions of this chapter would result in exceptional practical difficulties to or exceptional and undue hardship upon the owner of such property, provided that such relief may be granted without detriment to the public good and the intent and purpose of this chapter. Financial disadvantage to the property owner is no proof of hardship within the purpose of zoning. In granting a variance the board may attach thereto such conditions regarding the location, character and other features of the proposed building, structure or use as it may deem advisable in furtherance of the purpose of this chapter. Before any variance is granted it shall be shown that circumstances are attached to the property which do not generally apply to other property in the neighborhood.
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