§ 40-47-09 — Hearing of appeal by board of adjustment - Notice - Authority of board - Items taken into consideration by board

Items taken into consideration by board.
The board of adjustment shall fix a reasonable time for the hearing of the appeal and shall
give due notice thereof to the parties. It shall decide the appeal within a reasonable time. Upon
the hearing, any party may appear in person or by agent or by attorney. The board may reverse
or affirm, in whole or in part, or may modify, the order, requirement, decision, or determination
appealed from, and shall make such order, requirement, decision, or determination as in its
opinion ought to be made in the premises, and to that end, the board shall have all the powers
of the officer from whom the appeal is taken. If there is practical difficulty or unnecessary
hardship in the way of carrying out the strict letter of the ordinance, the board, in passing upon
an appeal, may vary or modify any of the regulations or provisions of the ordinance relating to
the use, construction, or alteration of buildings or structures or the uses of land so that the spirit
of the ordinance shall be observed, public safety and welfare secured, and substantial justice
done.