With regards to the zoning decisions, the appeal authority shall have the following powers:

   A.   Appeals: To hear and decide appeals where it is alleged by the appellant that there is error in any order, decision or refusal made by administrative official or agency based on or made in the enforcement of the zoning ordinance;

   B.   Special Exceptions; Interpretation: To hear and decide, in accordance with the provisions of any such ordinance, requests for special exceptions or for interpretation of the map or for decisions on other special questions on which such appeal authority is authorized by any such ordinance to hear;

   C.   Variances: Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property at the time of the enactment of the regulation, or by reason of exceptional topographic conditions or other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardships upon, the owner of such property, to authorize, on an appeal relating to said property, a variance from such strict application so as to relieve such difficulties or hardships, provided such relief may be granted without substantially impairing the intent and purpose of the master plan and zoning ordinance of the city. Before any variance may be authorized, however, it shall be shown that:

      1.   The variance will not substantially affect the comprehensive plan of zoning in the city and that adherence to the strict letter of this title will cause difficulties and hardships, the imposition of which upon the petitioner is not necessary in order to carry out the general purpose of the plan,

      2.   Special circumstances attached to the property covered by the application which do not generally apply to the other property in the same zone,

      3.   Because of the special circumstances, property covered by application is deprived of privilege possessed by other properties in the same zone; and that the granting of the variance in the same zone is essential to the enjoyment of a substantial property right possessed by other property in the same zone;

   D.   Nonconformities In Buildings Or Structures: To permit the enlargement of, addition to, or relocation of a building or structure, nonconforming as to use regulations, as follows:

      1.   For a nonconforming use located in a residential zone, the enlargement, addition or relocation shall either:

         a.   Comply with all the height, yard and area requirements for a single-family dwelling in the zone in which the nonconforming building is located, or

         b.   The proposed enlargement, addition or relocation will either:

            (1)   Improve the area by increasing the off street parking, or

            (2)   Improve the general appearance, convenience or safety of the area.

      2.   For a nonconforming use located in any zone other than a residential zone, the enlargement, addition or relocation shall comply with all height, yard and area requirements for a main building, other than dwellings, in the zone in which it is located.

      3.   Before granting a permit for any enlargement, addition, or relocation as provided above, the appeal authority shall find that the proposed changes will not hinder or obstruct the attainment of the objectives listed in section 17.04.020 of this title more than does the existing nonconforming use;

   E.   Nonconformities In Yard, Height And Area: The appeal authority may allow those enlargements of, additions to, or relocation of buildings and structures, nonconforming as to yard, height or area regulations in those cases where an undue hardship will result to the owner of the land involved unless granted and the attainment of the objectives hindered or obstructed, and provided the proposed enlargement, addition to or relocation will either:

      1.   Improve the area by increasing needed off street parking, or

      2.   Improve the general appearance, convenience or safety of the area;

   F.   Decide Boundaries: Where a zone boundary line divides a lot in single ownership at the time of the establishment of said boundary, the appeal authority may permit a use authorized on either portion of such lot to extend to the entire lot, provided such permission shall not authorize the use to extend more than thirty five feet (35') beyond the district boundary line or extend to an area greater than five thousand (5,000) square feet beyond the said boundary line;

   G.   Changes In Use: Permit a nonconforming use to be changed to another use allowed in the same or a more restrictive zone than the one in which the nonconforming use would be allowed; provided, that the appeal authority finds in its public hearing that such change will not hinder or obstruct the attainment of the objectives listed in section 17.04.020 of this title more than does the existing nonconforming use. (Ord. 13-05)

In exercising the above mentioned powers such appeal authority may in conformity with the provisions of this title, 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. (Ord. 13-05: Ord. 93-003 § 6-7)

Appeals to the appeal authority may be taken by any person aggrieved by his or her inability to obtain a building permit, or by the decision of any administrative officer or agency based upon or made in the course of the administration or enforcement of the provisions of this title. Appeals to the appeal authority may be taken by any officer, department, council, board or commission of the city affected by the grant or refusal of a building permit or by other decision of an administrative officer or agency based on or made in the course of the administration or enforcement of the provisions of this title. The time within which such appeal must be made, and the form or other procedure relating thereto, shall be as specified in the general rules to govern the procedure of such appeal authority or in the supplemental rules of procedure adopted by such appeal authority; provided further, that such rules and regulations shall be available to the public at the office of the city recorder at all times. (Ord. 13-05)

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the appeal authority after the notice of appeal shall have been filed with him or her that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by restraining order which may be granted by the appeal authority or by the district court on application and notice and on due cause shown. (Ord. 13-05)

The appeal authority shall fix a reasonable time for the hearing of the appeal, give public notice thereof as well as due notice to the parties in interest, and shall decide the same within a reasonable time. Upon hearing, any party may appear in person or by agent or by attorney. (Ord. 13-05)

In the event the appeal authority does grant a variance in accordance with the provisions of this chapter, alterations in accordance with the variance must be activated within six (6) months after the date variance is granted or variance becomes null and void. The time limit of the variance may be extended an additional six (6) months by the appeal authority, and then only if the petitioner shows adequate cause to the appeal authority that circumstances necessitate a time extension. (Ord. 13-05)

Upon filing of any appeal or application to the appeal authority, the appellant or applicant shall pay to the city a fee as prescribed in the fee schedule in title 3, chapter 3.30 of this code. No appeal or application shall be considered by the appeal authority unless and until such fee has been paid. (Ord. 13-05)