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<br />4. (b) To hear and decide the issuance of special permits in
<br />compliance with the requirements and provisions of Section 14,
<br />Special Use Regulations.
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<br />We fail to provide in the Ordinance any specific businesses, uses or public
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<br />places that would be allowed in the business, commercial, or industrial districts
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<br />after they received a special permit from the Board of Adjustment. Section 14
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<br />provides for the .special permit but does not provide in what areas the special
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<br />permit
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<br />may be used, therefore the Board would have no power to
<br />under Ordinance 95. C~J~\.~~'-,QX\...... , 0~ 0 'l'>;:~:' ~ )~:. , ~1__~~-"
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<br />grant a special
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<br />Subsection 16.02-4, Subsection (d) is as follows:
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<br />4. (d) To define words a~d terms not defined in Section 2, Definitions.
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<br />The Board has a right under this section to define any words or terms which
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<br />'I, have not been specifically defined in this Ordinance which may need definition in
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<br />the future.
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<br />As you can see from the above on Section 16.02 your powers and duties are
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<br />specifically set forth, and under the law if they are not set forth then you, as
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<br />a Board, do not have the power to act. It is my recommendation that when the
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<br />Board examines the application, the first determination for the Board is to see
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<br />if they have the power to act upon the request of the citizen or the city within
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<br />the guidelines as set forth in Section 16.02.
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<br />Variances and exceptions are'distinguishable from nonconforming uses. The
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<br />owner of a lawful nonconforming use existing at the time of the enactment of the
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<br />Zoning Ordinance is entitled to continue that use, as a matter of right, though he
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<br />would be required to get a permit if the owner desires to expand, alter or change
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<br />the existing use. On the other hand, a use or structure that may be authorized as
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<br />an exception to a Zoning Ordinance is one not in existance at the time the Ordinance
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<br />was passed and that is prohibited by the Ordinance without first procuring a permit
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<br />authorizing it after showing the facts necessary to warrant its issuance within
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<br />the exception provisions of the Zoning Ordinance. Similarly, a variance of the
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<br />zoning regulation is authorized to permit a use not in existance at the time the
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<br />Zoning Ordinance wa~ passed, and that is prohibited by the Ordinance. After a
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<br />showing that owing ti,:o special conditions a literal enforcement of the Zoning Ordi-
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<br />nance would result ~n unnecessary hardship, the Board may grant a variance subject,
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<br />however, to the fol~owing restriction: The Board of Adjustment has no authority
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<br />to grant a variance iin any district that is not a permitted use in such district
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<br />due to the express restri~tion in Section 16.02-1, Subsection (e), which reads as
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<br />follows:
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