The board of adjustment shall have all the powers and duties prescribed in the act as now or hereafter amended, which shall include the following powers and duties:

(1)

Administrative review. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the administrative official in the enforcement of the act and of this ordinance. The hearing of such an appeal shall be public and notice thereof shall be given as provided in section 9.1(2)(b) of this ordinance.

(2)

Special exceptions; conditions governing application; procedures. To hear and decide only such special exceptions as the board of adjustment is specifically authorized to pass on by the terms of this ordinance; to decide such questions as are involved in determining whether special exceptions should be granted; and to grant special exceptions with such conditions and safeguards as are appropriate under this ordinance, or to deny special exceptions when not in harmony with the purpose and intent of this ordinance. A special exception shall not be granted by the board of adjustment unless and until:

(a)

A written application for a special exception is submitted indicating the section of this ordinance under which the special exception is sought and stating the grounds on which it is requested;

(b)

At least 15 days' notice of the time and place of the public hearing shall be published in the newspaper of general circulation in the city. Not less than ten days before the date of the public hearing, written notice shall also be given to the owner of the real property for which the special exception is sought and the owners of all real property lying within 200 feet of the property for which the special exception is sought who have rendered their property for city taxes as the ownership appears on the last approved city tax roll. Such notice may be served by depositing the same, properly addressed and postage paid, in the city post office. Where property lying within 200 feet of the property for which the special exception is sought is located in territory which was annexed after the final date for making renditions which are included on the last approved city tax roll, notice to the owners of such property shall be given by publication in the manner provided above.

(c)

The public hearing shall be held. Any party may appear in person, or by agent or attorney.

(d)

The board of adjustment shall make a finding that it is empowered under the section of this ordinance described in the application to grant the special exception, and that the granting of the special exception will not adversely affect the public interest.

(e)

Before any special exception shall be issued, the board shall make written findings certifying compliance with the specific rules governing individual special exceptions and that satisfactory provision and arrangement has been made concerning the following, where applicable:

(i)

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe;

(ii)

Off-street parking and loading areas where required, with particular attention to the items in (i) above and the economic, noise, glare, or odor effects of the special exception on adjoining properties and properties generally in the district;

(iii)

Refuse and service areas, with particular reference to the items in (i) and (ii) above;

(iv)

Utilities, with reference to locations, availability, and compatibility;

(v)

Screening and buffering with reference to type, dimension, and character;

(vi)

Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district;

(vii)

Required yards and other open space;

(viii)

General compatibility with adjacent properties and other property in the district;

(3)

Variances; conditions governing applications; procedures. To authorize upon appeal in specific cases such variance from the terms of this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this ordinance would result in unnecessary hardship and so that the spirit of this ordinance shall be observed and substantial justice done. A variance from the terms of this ordinance shall not be granted by the board of adjustment unless and until:

(a)

A written application for a variance is submitted demonstrating:

(i)

That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district;

(ii)

That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance;

(iii)

That the special conditions and circumstances do not result from the actions of the applicant;

(iv)

That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district.

No nonconforming use of neighboring lands, structures or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered ground for the issuance of a variance.

(b)

Notice of public hearing shall be given as in section 9.1(2)(b) above.

(c)

The public hearing shall be held. Any party may appear in person, or by agent or by attorney.

(d)

The board of adjustment shall make findings that the requirements of section 9.1(3)(a) have been met by the applicant for a variance.

(e)

The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure.

(f)

The board of adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this ordinance, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.

In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with this ordinance. Violation of such conditions and safeguards when made a part of the terms under which the variance is granted shall be deemed a violation of this ordinance and punishable under article XVI of this ordinance.

Under no circumstances shall the board of adjustment grant a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any use expressly or any implication prohibited by the terms of this ordinance in said district.

(4)

Board has powers of administrative official on appeals; reversing decision of administrative official.

(a)

In exercising the above-mentioned powers, the board of adjustment may, so long as such action is in conformity with the terms of the act and this ordinance, 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 the powers of the administrative official from whom the appeal is taken.

(Ord. No. 79-22, § 2(13), 8-9-79)