§ 400.440. Powers of The Board Generally.

A. 

The Board of Adjustment shall have the following powers with respect to the administration and enforcement of the provisions of this Chapter:

1. 

Rules and regulations. To adopt such rules as may be deemed necessary for the conduct of its office and the administration and enforcement of this Chapter.

2. 

Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Administrative Officer in the administration or enforcement of this Chapter or any rule or regulation made in pursuance thereof.

3. 

General. To hear and decide all matters referred to it or upon which it is required to pass pursuant to this Chapter.

4. 

Equitable powers. In passing upon appeals, where there are practical difficulties or unnecessary hardship in the way of carrying out the strict letter of this Chapter, to vary or modify the application of the regulations or provisions of this Chapter relating to the use, construction or alteration of buildings or structures or the use of land so that the spirit of this Chapter shall be observed, public safety and welfare secured and substantial justice done.

5. 

Information. To call upon any department or officer of the City for information, records and assistance reasonably required in the performance of the duties of the Board; and it shall be the duty of such department or officer to supply the same at such time and place as the Board may direct.

In exercising the above-mentioned powers, the Board of Adjustment may reverse or affirm wholly or partly, or may modify, the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as ought to be made and to that end shall have all the powers of the officer from whom the appeal is taken. The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reserve any order, requirement, decision, or determination of the Administrative Officer, or to decide in favor of the applicant on any matter upon which it is required to pass under this Chapter or to effect any variation in such Chapter.

Ord. No. 849 Art. XII, §7