Jurisdiction of the Board

  1. Power relative to errors. To hear appeals where it is alleged there is an error in any order, decision, or determination made by an administrative official in the enforcement of this title.
  2. Powers relative to variances. To hear and decide upon petitions for variances and, subject to such standards, principles, and procedures provided in this title, to vary the strict application of the height, area, parking, or density requirements to the extent necessary to permit the owner a reasonable use of the land and in specified instances where there are peculiar, exceptional, and unusual circumstances in connection with a specific parcel of land, which circumstances are not generally found within the locality of the neighborhood concerned.
  3. Powers relative to exceptions. Upon petition, the Board is hereby empowered to make the following zoning exceptions:
    1. To permit the reconstruction of a nonconforming building which has been destroyed or partially destroyed by fi re or act of God where the Board finds some compelling public necessity requiring the continuance of the nonconforming use.
    2. To allow, by permit, the temporary location of a single mobile home, as defined by this ordinance, to be used as a primary temporary residence on a lot in any residential zoning district wherein such use is not otherwise specifically authorized for a period not to exceed one year, if the Board first finds the following:
      1. That the principle residence on the lot has been destroyed in whole or in part by an unexpected catastrophe such as fire, flood, explosion, or storm.
      2. The Board shall determine the placement of the mobile home on the lot.

The Board, in considering a request for a variance or special exception, should assure themselves that the hardship is not self-created and that the hardship is not applicable to the other property in the area (if so, a change in the zoning ordinance should be considered). The burden of proof rests upon the applicant.

A complete plan review is not provided with the hearing of this application. The City makes no assurances that a permit will be granted until a building permit application and a complete set of plans are submitted and approved.