1. Required: The board of adjustment shall organize and elect a chairperson and adopt rules for its proceedings. Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine.
   
2. Oaths; Records: The chairperson or, in his absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question and absentees or other failure to vote. Members may not abstain from voting unless there is a conflict of interest in which case the member must abstain and reasons must be given and recorded in the minutes indicating such facts. Records of its examinations and other official actions shall be kept, all of which shall be immediately filed in the offices of the city and shall be a public record. (Ord. 2005-03, 9-8-2005)

The board of adjustment shall have the following powers:

1. Appeal Of An Administrative Ruling: To hear and decide appeals where it is alleged that there is error in any order, requirement, decision or determination made by the City Council or other official responsible for the enforcement of this title.
   
2. Special Exception: To hear and decide appeals for approval of special exceptions to the terms of this title. The board shall not authorize a special exception unless specifically granted authority to do so under the terms of this title.
3. Variances: To authorize upon appeal such variance from the terms of this title, it shall be shown that all of the following apply:
   1. Literal enforcement of the ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances. (Ord. 2005-03, 9-8-2005)
   2. There are special circumstances attached to the property that do not generally apply to other properties in the same zone. (Ord. 2014-01, 5-15-2014)
   3. Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone.
   4. The variance will not substantially affect the Master Plan and will not be contrary to the public interest.
4. The spirit of the land use ordinance is observed and substantial justice done.
   1. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship in Part A above, the Board of Adjustment may not find an unreasonable hardship unless the alleged hardship:
      1. is located on or associated with the property for which the variance is sought; and
      2. comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
   2. In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship in Part A above, the Board of Adjustment may not find an unreasonable hardship if the hardship is self-imposed or economic.
   3. In determining whether or not there are special circumstances attached to the property in Part B above, the Board of Adjustment may find that special circumstances exist only if the special circumstances:
      1. relate to the hardship complained of; and
      2. deprive the property of privileges granted to other properties in the same zone.
   4. The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met. The applicant must present every theory of relief that it can raise in district court
   5. Variances run with the land.
      1. In granting a variance, the Board of Adjustment may impose additional requirements on the applicant that will:
         1. mitigate any harmful effects of the variance; or
         2. serve the purpose of the standard or requirement that is waived or modified.
5. Interpretation Of Text Or Map: To make, upon appeal, an interpretation of the zone map regarding the location of zone boundary lines, or decide the meaning of disputed terms or phrases within the text of this title.
6. Approval Of Zoning Permit Within Proposed Street On Official Map: To authorize upon appeal the grant of a zoning permit for a building or structure, or part thereof, within any mapped street location in any case in which the board of adjustment, upon the evidence, finds:
   1. The property of the appellant of which such mapped street location forms a part, will not yield a reasonable return to the owner unless such permit be granted; or
      
   2. Balancing of interest of the city in preserving the integrity of the official map and the interest of the owner in the use and benefits of the property, the grant of such permit is required by consideration of justice and equity.
7. Conditions Specified On Permit: In the event that the board of adjustment decides to authorize a zoning permit, it shall have the power to specify the exact location, ground area, height and other details and conditions of extent and character and also the duration of the building, structure or part thereof to be permitted.
8. Power Of Board Limited: The powers and duties of the board are limited to the judicial and administrative actions specifically authorized in this chapter. The board shall not have the authority to amend this title, nor to act outside the rules governing the activities of the board as set forth in this chapter and this title; and all decisions shall be made in such a way so as not to destroy the intent and purpose of this zoning title. (Ord. 2005-03, 9-8-2005)

1. Authority: Any person, organization, corporation or unit or department of government which has had a denial of land use application or zoning permit application pursuant to SCMC Title 10 and/or Title 11 or is requesting approval of a special exception, variance or other action upon which the board is authorized to act, may do so by filing a formal request in writing with the board; provided, any appeal from a decision made by the zoning administrator or Planning and Zoning Commission regarding land use applications and zoning permit applicationsshall be made by filing an application with the board within a period not to exceed forty five (45) days from the date of the contested action.
   
2. Stay Of Proceedings Pending Appeal: An appeal stays all proceedings in furtherance of the action appealed from, unless the City Council certifies to the board of adjustment after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause eminent peril of life or property. In such case, proceedings shall not be stayed otherwise than by restraining order which may be granted by the board of adjustment or by the district court on application and notice and on due cause shown.
   
3. Notice of Hearing of Appeal; Right of Appearance: The board of adjustment 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 the hearing, any party may appear in person or by agent or by attorney.
   
4. Decision On Appeal: In exercising the above mentioned powers, the board may, in conformity with the provisions of this chapter, 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 zoning administrator and such other powers as herein provided.
   
5. Vote Necessary For Reversal: The concurring vote of three (3) members of the board shall be necessary to reverse any order, requirement or determination of any such administrative official, or to decide in favor of the appellant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in the provision of such ordinance. (Ord. 2005-03, 9-8-2005)