Board of Adjustments

Sec. 16-3-10  Intent.

The board of Adjustment is hereby created.  The purpose of the Board of Adjustment shall be to provide for the ability to consider requests for special exceptions to the terms of this Chapter in conformity with its general purpose and intent.  (Ord. 3.43 Art I 3.1,1987)

Sec. 16-3-20.  Powers and duties of the Board of Adjustment.

(a)  The Board of Adjustment has the following powers:

     (1.)  To hear and act upon requests for waivers of the requirements of this Chapter in the following areas:

           a.  Minimum area of lot;

           b.  Minimum width of lot;

           c.  Maximum height of structures and fences;

           d. Minimum front yard;

           e. Minimum side yard;

           f.  Minimum rear yard;

           g.  Minimum off-street parking requirements;

where, by reason of exceptional shape, size or topography of the lot, or condition of the guilding or land, practical difficulty or unnecessary hardship would result to the owner of said property from a strict application or enforcement of this Chapter.  

     (2.)  Hear and decide appeals from, and review any order, requirement, decision or determination made by an administrative official charged with the enforcement of the regulations established, by reason of exceptional shape, size or topography of the lot, or condition of the building or land, practical difficulty or unnecessary hardship would result to the owner of said property from a strict application or enforcement of this Chapter.

           b.  The concurring vote of four (4) members of the Board shall be necessary to reverse any order, requirement, decision or determination of any such administrative official or agency or to decide in favor of the applicant.  In the event of a dissenting vote of one (1) or more members of the Board of Adjustment, a roll call vote shall be recorded in the minutes of the meeting.

           c.  No relief shall be granted by the board of Adjustment when, in the opinion of said Board, the applicant has not provided reasonable and adequate evidence justifying the request presented, or when the request is determined to be a self-imposed hard-ship  (Ord. 3.43 Art. I 3.2, 1987)