The Board of Adjustment shall have the power to:
(A) Hear and decide appeals if it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of any zoning regulation;
(B) Hear and decide special exceptions hereto to allow a use or a specifically designated element associated with a use which is not permitted by right of particular district because of potential adverse effect, but which if controlled in the particular instance as to its relationship to the neighborhood and to the general welfare, may be permitted by the Board of Adjustment, where specifically authorized by this chapter, and in accordance with the substantive and procedural standards of the zoning code;
(C) Authorize in specific cases a variance from the terms, standards and criteria that pertain to an allowed use category within a zoning district as authorized by this chapter when such cases are shown not to be contrary to the public interest if, owing to special conditions, a literal enforcement of the provisions hereof will result in unnecessary hardship and so that the spirit of the regulations shall be observed and substantial justice, done; and (The Board shall have no power to authorize variances as to use, except as provided by division (D) below.)
(D) Hear and decide oil and/ or gas applications or appeals unless prohibited throughout the city by ordinance. The Board of Adjustment shall be required to make the findings prescribed by § 158.092 in order to grant a variance as to use with respect to any application or appeal.
(Prior Code, § 13-122) (Ord. 1478, passed 9-17-91; Am. Ord. 1974, passed 8-6-19)