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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />P~gv 2 <br /> <br />Board of Appeals and Adjustments - Authority <br /> <br />1. To hear and decide appeals where it is alleged that there is <br />an error in any order, requirement, decision, or determina- <br />tion made by an administrative officer in the enforcement <br />of the zoning ordinance <br /> <br />2. To hear requests for variance from the literal provisions <br />of the ordinance and document findings of fact where there <br />strict enforcement would cause: <br />a. undue hardship, because of circumstances unique to the <br />property <br />i. Includes inadequate access to direct sunlight for <br />solar energy systems. <br />b. The property could not be put to reasonable use. <br />c. The problem has not been created by the landowner. <br />d. If granted the variance will not alter the essential <br />character of the locality. <br />e. The granting of the variance will not be in conflict with <br />the comprehensive plan. <br />f. The granting of the variance will not adversly affect the <br />environmental quality of the area. <br /> <br />3. Variances shall be granted for earth sheltered construction! <br /> <br />4. The board may not permit as a variance any use that is not <br />permitted under the ordinance for property in the zone where <br />the land is located. <br /> <br />5. The board may permit a variance for the temporary use of a <br />one-family dwelling as a two-family dwelling. <br /> <br />6. The board may impose conditions to insure compliance and to <br />protect adjacent properties. <br /> <br />If the applicant fails to prove only one of the conditions, the Board <br />of Adjustment cannot legally grant the variance. The burden of proof <br />of these matters rests on the applicant. He is requesting a special <br />privilege, and it is incumbent upon him to prove that the conditions <br />necessary for granting of the privilege are satisfied. <br /> <br />For Counties <br /> <br />A certified copy of any order issued by the Board of Adjustment acting <br />upon an appeal from an order, requirement, or decision or determina- <br />tion by an administrative official, or a request for a Variance, shall <br />be filed with the County Recorder. The order issued by the Board of <br />Adjustment shall include the legal description of the property involved. <br />The Zoning Administrator shall be responsible for the document recording <br /> <br />~ <br />