The City Council of Sky Valley shall serve as the Board of Zoning Appeals. The Board of Zoning Appeals shall perform all of its duties and exercise all of its powers in such a way that the purpose and intent of the zoning regulations shall be accomplished, public health, safety and welfare secured, and substantial justice done.

The Board is empowered to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the City Manager, Building Inspector, or City Engineer in the interpretation or enforcement of these zoning regulations.

The Board is empowered to hear an appeal made by any person, firm, or corporation, or by any officer, department, board, or bureau affected by any decision of the Planning and Zoning Commission, Building Official or other employee based on the zoning regulations.

Such appeal shall be taken within sixty (60) days, or as provided by the rules of the Board, by filing with the City Clerk notice of appeal specifying the grounds thereof. All papers constituting the record upon which the action appealed from was taken shall forthwith be transmitted to the Board of Zoning Appeals.

The Board shall select a reasonable time and place for the hearing of the appeal and give at least fifteen (15) days of public notice thereof and due notice to the parties in interest and shall render a decision on the appeal within a reasonable time.

The Board of Zoning Appeals shall have original jurisdiction to, upon application, determine the location of a particular district boundary in question as specified in Section 404 [403]of these regulations.

The Board of Zoning Appeals is hereby empowered to authorize upon application in specific cases such variance from the terms of these regulations as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of these regulations will in an individual case, result in unnecessary hardship, so that the spirit of these regulations shall be observed, public safety and welfare secured, and substantial justice done. The existence of a nonconforming use of neighboring land, buildings or structures in the same zoning district or of permitted or nonconforming uses in other districts shall not constitute a reason for the requested variance. A variance may be granted in an individual case of unnecessary hardship, after appropriate application in accordance with Article XVII [of this appendix], upon specific findings that all of the following conditions exist. The absence of any one (1) of the conditions shall be grounds for denial of the application for variance.

1.

There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape or topography that are not applicable to other land or structures in the same district; and

2.

A literal interpretation of the provisions of these zoning regulations would create an unnecessary hardship and would deprive the applicant of rights commonly enjoyed by other property owners within the district in which the property is located; and

3.

Granting the variance requested will not confer upon the property of the applicant any special privileges that are denied to other properties of the district in which the applicant's property is located; and

4.

Relief, if granted, will be in harmony with the purpose and intent of these regulations and will not be injurious to the neighborhood or general welfare in such a manner as will interfere with or discourage the appropriate development and use of adjacent land and buildings or unreasonable affect their value; and

5.

The special circumstances are not the result of the actions of the applicant; and

6.

The variance requested is the minimum variance that will make possible the legal use of the land, building, or structure; and

7.

The variance is not a request to permit a use of land, building or structures which are not permitted by right in the district involved.

Applications for variances in all zoning districts shall require review and recommendation by the Planning and Zoning Commission.

In exercising the powers to grant appeals and approve variances, the City of Sky Valley may attach any conditions to its approval which it finds necessary to accomplish the reasonable application of the requirements of these regulations.

In exercising its powers, the City of Sky Valley may, in conformity with the provisions of these regulations, reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination, and to that end shall have all of the powers of the Building Inspector, City Manager, or City Engineer and may issue or direct the issuance of a permit. The concurring vote of three (3) members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Building Inspector, City Manager, or City Engineer.

No order of the Board permitting the erection or alteration of a building or other variance shall be valid for a period of longer than six (6) months unless such use is established within such period; provided, however that such order by the Board shall continue in force and effect if a building permit for said erection or alteration is obtained within such period, and such erection or alteration is started and proceeds to completion in accordance with such permit.

Applications for variance shall be made in accordance with all applicable provisions of Article XVII [of this appendix].