Sec. 106-92. Duties and powers.
(a) Generally. The board of adjustment shall have the duty and power to act as a board of adjustment and appeals with regard to matters arising from enforcement of provisions of article XV of chapter 22, chapter 90 and chapter 146 as follows:
(1) Review of administrative error. Hear and decide appeals where it is alleged there is error in any action, including any order, requirement, decision or determination made by an administrative official of the City in the enforcement of the provisions in subsection (a) of this section, except actions which are appealable to the planning and zoning commission or to the city council and except for actions which are appealable to the city manager in those cases in which the decision of the city manager is expressly made final, as expressly provided elsewhere in such provisions.
(2) Variances. Hear and decide, upon appeal in specific cases, requests for variances from the zoning provisions where there are unique, unnecessary and unreasonable hardships in the way of carrying out the strict letter of such provisions, except requests for variances which are to be heard and decided by the planning and zoning commission or by the city council and except for actions which are appealable to the city manager in those cases in which the decision of the city manager is expressly made final, as expressly provided elsewhere in this Code.
(3) Use variances and area variances. Hear and decide requests for area variances as follows; however, the jurisdiction of the board of adjustment shall not extend to use variances:
a. Area variances allow deviations from restrictions upon the construction and placement of buildings and other structures on a site. Examples of area variances include but are not limited to modifications of minimum area requirements, building coverage, and setback restrictions.
b. A use variance is a request for a variance which would allow the landowner to place a land use on the property which was not permitted by the provisions of the particular zone district. An example of a use variance would be a variance request to permit an office or retail use in a residential zone where such an office or retail use was not a permitted use.
(4) Noise variances. Hear and decide, upon appeal in specific cases, request for variances from the provisions of the noise ordinance contained in chapter 146 where there are special circumstances which meet the criteria set forth in section 106-93(c).
(5) Waivers for single-family residences. Hear and decide requests for waivers for single-family residences, pursuant to section 106-100.
(b) Procedure and bylaws. The board of adjustment shall make rules of procedure and adopt bylaws necessary for the transaction of business consistent with this article, subject to review and approval of the city council.
(c) Written record. The board of adjustment shall make or cause to be made a written record of proceedings, notes taken, and other official actions.
(d) Other duties. The board of adjustment shall have other duties and powers as may be described specifically throughout this Code. (Code 1979, § 8-17)