The Board of Zoning Appeals shall have the powers and duties prescribed by statute and by this Zoning Ordinance, which powers and duties are hereby summarized and more particularly specified.
(a) Administrative Appeal. On appeal from a determination of the Zoning Administrator, or on request by any official department or board of the City, the BZA shall decide any question involving the interpretation of any provision of this Zoning Ordinance.
(b) Variances. On appeal of a denial by the Zoning Administrator of a zoning application, the BZA may grant a variance where the strict application of this Zoning Ordinance would result in practical difficulty or unnecessary hardship. No nonconforming use of neighboring lands, structures or buildings in the same district shall be considered grounds for issuance of a variance. Variances shall not be granted on the grounds of convenience or profit. No variance shall be granted by the BZA unless it finds that:
(1) The strict application of the provisions of this Zoning Ordinance would deprive the applicant of reasonable use of land or buildings for which such variance is necessary and the variance granted by the BZA is the minimum variance that will accomplish this purpose.
(2) There are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land and building and do not apply generally to land or buildings in the vicinity or neighborhood and have not resulted from any act by the applicant subsequent to the adoption of this Zoning Ordinance.
(3) The granting of the variance will be in harmony with the general purpose of this Zoning Ordinance, will not be injurious to the neighborhood, and will not alter the essential character of the locality. In granting of a variance, the Board may prescribe appropriate conditions or requirements of this subsection.
(4) The variance will provide the minimum necessary relief and will represent the least possible modification.
(5) The variance will not constitute a change, including a variation in use, on the official Zoning Map or permit a use which is not permitted in the zoning district.
(c) Conditional Use. On application, supplementing an application to the Zoning Administrator for a Zoning Permit, the Board of Zoning Appeals may grant a permit for any use for which the approval of the Board is required under this Zoning Ordinance. In granting such permit, the Board may specify appropriate safeguards and conditions and shall review the application and shall find adequate evidence that such use conforms to the provisions of Chapter 1209.
(Ord. 1-15. Passed 2-23-15.)
(Ord. 1-15. Passed 2-23-15.)