§ 10.5. Powers and duties of the Board of Zoning Appeals.

The Board of Zoning Appeals shall have the following powers and duties:

(a)

Review: To hear and decide appeals where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of the provisions of this ordinance.

(b)

Variances: To authorize upon appeal in specific cases, such variance from the requirements of this ordinance that, owing to special conditions, a case, results in unnecessary hardship; provided that such variance is not contrary to the public interest and intent of this ordinance. A variance may be granted in such individual cases upon a finding by the Board that all of the following conditions exist:

(1)

There are extraordinary and exceptional conditions pertaining to the particular property, building or structure in question because of its size, shape or topography;

(2)

The literal application of the provisions of this ordinance to the particular property, building or structure would create an unnecessary hardship; and,

(3)

Such conditions are peculiar to the particular property, building or structure, and not to other such property in the district;

(4)

Relief, if granted, would not cause substantial detriment to the public welfare, or impair the purposes and intent of this ordinance. Provided, however, that no variance be granted for a use of such property, building or structure prohibited by this ordinance;

(5)

Such conditions be not caused by action or inaction of the owner or any previous owner of the property, building or structure in question.

(6)

Sign variances:

a.

Variances are void if structural changes are made to the sign.

b.

Grandfathering of a variance is void five (5) years after date of annexation.

c.

Variances are nontransferable when property ownership changes.

d.

If signs are not maintained and become an eyesore, the zoning board has the right to revoke the variance following a ninety-day notification period.

(Ord. No. 78-28, § 5, 11-20-78; Ord. No. 79-22, § 1, 8-6-79; Ord. No. 91-16, 11-7-91; Ord. No. 06-15, § 7, 10-19-2006)