§ 2.12.590. Same—Jurisdiction.

A.

APPEALS. Appeals to the board may be taken by any person aggrieved, or by any officer of the city or any governmental agency or body affected by any decision of the officer administering the provisions of Title 28, Title 24 or Chapter 10.32 of this Code. Such appeal shall be taken within a reasonable time as provided by the rules of the board, by filing a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken, when notified by the secretary of the board, shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. The board shall have power to hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of Title 28 of this Code.

B.

VARIANCES. The board may authorize in specific cases a variance from the specific terms of Title 28 or Title 24 which will not be contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of Title 28 or Title 24 will, in an individual case, result in unnecessary hardship, and provided that the spirit of Title 28 or Title 24 shall be observed, public safety and welfare secured, and substantial justice done. Such variance shall not permit any use not permitted by Title 28 (zoning ordinance) in such zoning district. A request for a variance may be granted upon a finding by the board that all of the following conditions have been met:

1.

That the variance requested arises from such condition which is unique to the property in question and which is not ordinarily found in the same zone or district; and is not created by an action or actions of the property owner or the applicant;

2.

That the granting of the permit for the variance will not adversely affect the rights of adjacent property owners or residents;

3.

That the strict application of the provisions of Title 28 or Title 24 of which variance is requested will constitute unnecessary hardship upon the property owner represented in the application;

4.

That the variance desired will not adversely affect the public health, safety, morals, order, convenience, prosperity, or general welfare; and

5.

That granting the variance desired will not be opposed to the general spirit and intent of Title 28 (zoning ordinance) or Title 24 (sign ordinance).

C.

CONDITIONS OF DETERMINATION. In exercising the foregoing powers, the board, in conformity with the provisions of this act, may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination, and to that end shall have all the powers of the officer from whom the appeal is taken, may attach appropriate conditions, and may issue or direct the issuance of a permit.

(Ord. No. 45-325 § 2; Ord. No. 28-291 § 4; Ord. No. 24-606 § 1)