§ 29-08-060. Powers.

The board shall have the following powers:

(a)

Powers relative to administrative errors: To hear and decide appeals where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the enforcement of the zoning or construction regulations.

(b)

Powers relative to variations: Where, by reason of exceptional narrowness, shallowness, or shape of a specific piece of property at the time of the original adoption of the regulations, or by reason of exceptional topographical conditions or other extraordinary or exceptional situation or condition of a specific piece of property, which condition is not generally prevalent in the neighborhood, the strict application of this chapter would result in peculiar and exceptional practical difficulties or exceptional and undue hardship upon the owner of such property, the board is hereby empowered to authorize upon an appeal relating to such property, a variation from such strict application so as to relieve such difficulties or hardships.

(c)

Powers relative to exceptions: Upon appeal, the board is hereby empowered to permit the following exceptions:

1.

To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown on record.

2.

To permit the reconstruction of a nonconforming building which has been destroyed or partially where the board shall find some compelling public necessity requiring a continuance of the nonconforming use, but in no case shall such a permit be issued if its primary function is to continue a monopoly.

3.

To permit the erection and use of a building or the use of premises in any location for public service corporation for public utility purposes which the board deems reasonably necessary for the public convenience or welfare.

4.

To interpret the provisions of the zoning regulations where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts, which map is attached to and made a part of this code.

(d)

Powers relative to construction codes: Upon appeal, the board is hereby empowered to determine the applicability of the various code requirements duly adopted by the governing body of Alamogordo to the particular facts involved in the subject of the appeal. In making its determination, the board may call upon qualified individuals, whether in the employ of the city or not, for technical assistance. If the board determines that a particular requirement is applicable, it shall not have the power to waive the requirement.

(Code 1960, § 11-12-6; Ord. No. 751, §§ 1, 2, 4-11-89)

Cross reference

Map adopted, § 29-02-020.