The board of adjustment has the following authority:

(1)

To hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this chapter. In exercising the authority under this subsection, the board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the board has the same authority as the administrative official.

(2)

To authorize in specific cases a variance from the terms of this chapter if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of this chapter would result in unnecessary hardship, and so that the spirit of this chapter is observed and substantial justice is done.

(3)

When in its judgment the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured, the board of adjustment may, in specific cases, after public notice and public hearing, and subject to appropriate conditions and safeguards, authorize the following special exceptions to the regulations established in this chapter:

a.

Permit the reconstruction, extension or enlargement of a building occupied by a lawful nonconforming use on the lot or tract occupied by such building, provided such reconstruction does not prevent the return of such property to a conforming use and permit the expansion of off-street parking or off-street loading for a nonconforming use.

b.

Permit such modifications of the height, yard, area, coverage and parking regulations as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of such restricted area, shape or slope that it cannot be appropriately developed without such modification.

c.

Require the discontinuance of nonconforming uses of land or structure under any plan whereby the full value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this chapter. All actions to discontinue a nonconforming use of land and structure shall be taken with due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and conservation and preservation of property. The board shall, on its own motion or upon cause presented by interested property owners, inquire into the existence, continuation or maintenance of any nonconforming use within the city.

(4)

To hear and decide special exceptions to the terms of this chapter when a provision of this chapter or this Code requires or authorizes the board to do so. In this regard the board may grant only special exceptions that are authorized to be granted by the terms of the provision.

(5)

To hear and decide other matters authorized by an ordinance of the city.

(6)

To subpoena witnesses, administer oaths, and may require the production of documents.

(Ordinance 06-09, § 2, 3-23-06)