The board shall have the following powers:

(1)

To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by the director, or other administrative official, in the enforcement of this UDO;

(2)

To hear and decide all matters referred to it or upon which it is required to pass under the provisions of this UDO or other chapters of the City Code;

(3)

Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this UDO, to vary or modify the application of any of the regulations or provisions of this UDO relating to the use, construction, or alteration of buildings or structures or the use of land in conformance with the standards of this UDO so that the spirit of this UDO shall be observed, public safety and welfare maintained and substantial justice done;

(4)

In exercising the above mentioned powers, the board may, in conformity with the provisions of this section, reverse or affirm wholly or in part or modify the order, requirement, decision, determination appealed from, and to that end shall have all powers of the officer from whom the appeal is taken. In no case shall the board decide an appeal from any action of the council; and

(5)

The concurring vote of four (4) members of the board will be necessary to reverse the order, requirement, decision, or determination of any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this UDO, or to effect any variation in this UDO.

(Ord. No. 8804, § I, 4-11-05)