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154.61.07 POWERS AND DUTIES
154.61.07           POWERS AND DUTIES
 
                           The Board shall have the following powers and it shall be its duty to:
 
154.61.07.01      Hear and determine appeals from and review any order, requirement, decision, or determination made by an Administrative official, hearing officer, Staff member or Administrative Board designated by Ordinance (other than the Plan Commission), made in relation to the enforcement of the Zoning Ordinance or Subdivision Ordinance.
 
(a)        An appeal filed with the Advisory Board of Zoning Appeals must specify the grounds of the appeal and must be filed within twenty (20) days of the date of the decision. The Administrative Official, Hearing Officer, Staff Member or Administrative Board from whom the appeal is taken shall, on the request of the Advisory Board of Zoning Appeals, transmit to it all documents, plans and papers constituting the record of the action from which an appeal was taken.
 
(b)        Certified copies of the documents, plans, and papers constituting the record may be transmitted for the purpose above.
 
 
(c)        Upon appeal, the board may reverse, affirm, or modify the order, requirement, decision, or determination appealed from. For this purpose the Board has all the powers of the official, officer, Board or body from which the appeal is taken.
 
154.61.07.02      Hear and approve or deny all special exceptions, contingent uses and conditional uses from the terms of the Zoning Ordinance. The board may impose reasonable conditions as part of its approval.
 
154.61.07.03      Hear and approve or deny variances of use from the terms of the Zoning Ordinance. The Board may impose reasonable conditions as a part of its approval. A variance may be approved only upon a determination in writing that:
 
(a)        The approval will not be injurious to the public health, safety, morals, and general welfare of the community;
 
(b)        The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner;
 
(c)        The need for the variance arises from some condition peculiar to the property involved;
 
(d)        The strict application of the terms of the Zoning Ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought; and,
 
(e)        The approval does not interfere substantially with the Comprehensive Plan.
 
154.61.07.04      Hear and approve or deny variances from the development standards of the Zoning Ordinance. A variance may be approved by the Board only upon a determination in writing that:
 
(a)        The approval will not be injurious to the public health, safety, morals and general welfare of the community; and,
 
(b)        The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner; and,
 
(c)        The strict application of the terms of the Zoning Ordinance will result in unnecessary hardship in the use of the property.
 
            In making its determination as to whether there is unnecessary hardship, the Advisory Board of Zoning Appeals shall take into consideration the extent to which the following conditions have been established by the evidence:
 
(1)        That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district and which do not result from the actions of the owner.
 
(2)        That granting the variance requested will not confer on the owner any special privilege that is denied by this Ordinance to other lands, structures, or building in the same zoning district.
 
            (Ord. 95-1984)


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