(1)

The zoning board of appeals shall not have the power to alter or change the zone district classification of any property; allow a use of property not otherwise permitted in a zone district except as provided in subparagraph (2); nor make any change in the terms of this chapter, but does have the power to act on those matters where this chapter provides for administrative review or interpretation, and to authorize a variance as defined in this section. Said powers include:

(a)

Administrative review. To hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, permit, decision, or refusal made by the director of the department of building and safety engineering with the exception of a decision made pursuant to section 5.57 of this chapter or any other administrative official in carrying out or enforcing any provision of this chapter.

(b)

Zoning map. To hear and decide in accordance with the provisions of this chapter requests for interpretation of the zoning map.

(c)

Variances. To authorize, upon appeal, a variance from the strict applications of the provisions of this chapter where, by reason of exceptional narrowness, shallowness, shape or area of a specific piece of property at the time of the original enactment of this chapter or by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of such property, the strict application of the regulations enacted would result in practical difficulties to, or undue hardship upon, the owner of such property, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this chapter. In granting a variance, the board of appeals may attach thereto such conditions regarding the location, character, and other features of the proposed uses as it may deem reasonable in the furtherance of the purpose of this chapter. In granting a variance, the board of appeals shall state the grounds upon which it justifies the granting of a variance.

(2)

The zoning board of appeals, in addition to the general duties and powers conferred upon it by law, may, in specific cases and subject to appropriate conditions and safeguards, interpret and determine the application of the regulations herein established in harmony with their general purpose and intent as follows:

(a)

Permit the erection of additional buildings or the enlargement of existing buildings or uses on the same parcel of land, or one contiguous thereto, or directly across an alley therefrom, each in the same single ownership of record at the time of passage of this chapter, for a legal nonconforming business or activity located in a district restricted against such use, where the enlargement or expansion of such business or activity will not be detrimental to or tend to alter the character of the neighborhood or district.

(b)

Where the boundary line of a district divides a lot in a single ownership at the time of passage of this chapter, permit the extension of a use permitted on the less restricted portion of such lot to the entire lot but not for a distance of more than fifty (50) feet (15.25 meters) beyond the district boundary line.

(c)

Permit variations in the requirements for outer courts in dwellings.

(d)

Permit variations in the provisions in the chapter for the erection and use of buildings on farms for normal farm purposes, requiring however, that such buildings shall conform to all the provisions of this chapter insofar as is practicable.

(e)

Temporary use permit: Permit conditional and temporary buildings and uses subject to appropriate conditions and restrictions for an initial period of not more than one (1) year which may be extended by the board for additional periods not to exceed one (1) year each provided:

1.

In granting this temporary use, the board of appeals shall determine that the following conditions will be met:

a.

Such temporary use shall not adversely affect the character of the area and shall not be injurious to the surrounding neighborhood and not contrary to the spirit and purpose of this chapter.

b.

Such use shall not be dependent upon major building improvements.

c.

Site improvements shall be of such character that adequate protection shall be provided to abutting uses.

2.

Any action by which a temporary use permit is granted shall be taken by the affirmative vote of two-thirds (⅔) of the membership of the board after a public hearing. The reasons for granting such temporary use permit and the restrictions and limitations thereon and the nature of development permitted and arrangements for removing the use at the termination of said temporary permit shall be stated in the resolution.

3.

Such permit may be revoked by the board at any time upon a proper showing that the operation of such conditional and temporary building or use has become detrimental to the health, safety, and general welfare of the city.

4.

The board may refer the application for such temporary use permit to any office, department, or commission of the city for study, recommendation, and report to the board.

(Ord. No. 1409, 7-21-97; Ord. No. 1529, 1-30-06)

The city council may, from time to time, prescribe and amend by resolution a reasonable schedule of fees to be charged to applicants for appeals to the zoning board of appeals.